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Sharon Foster asked 1 year ago
Hi,
We currently have the following clause in our Company Holiday Policy. Can you please advise if the legislation has changed? Thank you very much!
"All employees are eligible for time off on the applicable company holidays listed below. All non-commissioned employees are eligible for holiday pay based on their regular salary. Unless required otherwise by Applicable Employment Standards Legislation, commissioned employees who work in British Columbia are excluded from receiving general holiday pay if their earnings exceed the minimum wage for the pay period. In Alberta commissioned sales employees are eligible for pay on general holidays based on their base or earned base salary and not on their commissions. In Ontario, commissioned employees are eligible for general holiday pay based on their gross regular wage which includes base salary, commissions and bonuses."
1 Answers
Rick Tobin answered 1 year ago
In BC: Commissioned salespeople are excluded from the overtime and statutory holiday pay provisions of the Act if their earnings exceed what they would have earned at the greater of minimum wage or their base rate with those provisions applied. If their earnings are less, the employer must pay the difference.
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