Inform employees you intend to apply
This is a joint application. Before applying, notify affected employees that you intend to apply and make sure they agree to the variance.
You need to include this communication with your application.
Do you qualify?
Variances allow for employment that follows the purposes of the Employment Standards Act but does not strictly meet B.C. employment standards.
Under the Act, variances only apply to non-unionized employees covered by the Act.
Overview
You can apply with your employees to vary the standards for:
- The maximum length of a temporary layoff
- Paydays
- Special clothing
- Split shifts
- Daily hours of work
- Hours free from work
- Overtime wages for employees not on a flexible work schedule
- The number of weeks covered by an averaging agreement
- Notice and termination pay requirements for group terminations
A variance application is made jointly with the employer and employees. The variance must promote fair treatment of employees and employers and benefit the majority of affected employees.
What you'll need
You will be asked to provide the following information:
- The provision of the Act that you want the Director to vary
- Details about the terms of the variance being requested (an exact work schedule must be provided where applicable)
- The duration of the variance
- The reasons for requesting the variance
- The employer’s name, address and phone number
- The signatures of the employer and a majority of the employees who will be affected by the variance
- The name and home phone number of each employee who signs the application
New applications are considered on a case-by-case basis. Employment Standards has the authority to grant a variance with terms and conditions.
Renewal applications
To renew a variance, submit a new application using the process below.
Apply
1
2
Document employee support
You must show proof that affected employees were informed about the application and support it. You need to prove that at least 51% of affected employees support the application. Applications should show as much employee support as possible, as employees can withdraw their support during the process.
The application requires the signatures of the employer and a majority of the employees who will be affected by the variance.
3
Submit online application
Keep a copy for your records. A delegate of the Director of Employment Standards may contact you to review your application in detail.
4
Employee support is audited
A variance application is usually reviewed within two weeks of receiving it. As part of our review, we'll contact some of the employees who support the application to make sure they understand and agree to it.
5
Receive notice from the Employment Standards Branch
If the variance is granted, you will be emailed a copy of the variance decision.
If the variance is denied, a formal decision is sent by email and registered mail to both the employer and affected employees.
The Director of Employment Standards may investigate at any time to ensure compliance with the Act and Regulation, whether or not the Director has received a complaint.
6
Implement the change and inform employees
If the variance is granted, you must:
- Send a copy of the variance to employees
- Post a copy of the variance at the workplace
- Follow any terms and conditions in the variance
Other ways to apply
You can also submit an application using the printable Application for Variance (PDF, 278.3KB).
Contact information
Contact us for confidential support and information.
Monday to Friday, 7:30 am to 5:00 pm (Pacific Time)
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