Employment Agreement (Part-Time) (British Columbia) by OLL
EMPLOYMENT AGREEMENT [PART-TIME]
This template is for the direct, part-time employment of an individual in British Columbia — a role with scheduled hours below the Employer's standard full-time week. It is employer-side: drafted to be offered by the Employer. This is not the full-time template with a number changed: scheduling, minimum-hours guarantees, pro-rated entitlements and benefits-eligibility thresholds are substantively different. Not suitable for an independent contractor engagement (use independent-contractor-services), a fixed-term role (use employment-fixed-term), or a full-time indefinite role (use employment-full-time-indefinite). Not suitable for use in Quebec.
Drafting notes appear in italics and are to be deleted before execution. Square brackets mark information to be filled in. Delete any inapplicable optional clauses and renumber before execution.
Do NOT reuse the Ontario version of this template's termination reasoning. Section 13 is drafted against the BC Employment Standards Act, R.S.B.C. 1996, c. 113 (the "ESA") directly.
⚠️ Reducing a part-time employee's hours can be a termination. A significant, unilateral reduction in a part-time employee's scheduled hours — or a significant change to their schedule — can amount to a constructive dismissal at common law, entitling the employee to the same notice, pay in lieu, or damages as an outright termination. This risk is elevated for part-time arrangements because a proportionally large cut to a smaller base of hours is more likely to be found significant. Section 3 reserves scheduling flexibility within a defined range for this reason — do not use it to make cuts larger than the range without treating that as a termination event and following section 13.
⚠️ Termination-clause enforceability is uncertain and moving. Section 13 tracks the current statutory floor under the BC ESA rather than hard-coding notice figures. How strictly a BC court will construe an ambiguous or partially deficient termination clause against the Employer, and whether Ontario's "one bad provision voids the whole scheme" approach applies in BC, are not resolved here — I have not identified a BC authority in the registry I am confident enough in to state a settled rule. Have section 13 checked against the current leading BC authority before each significant use.
⚠️ Existing employees need fresh consideration. If this Agreement, or a reduction in an existing employee's hours, is being introduced to someone who is already employed, Canadian courts generally require the Employer to give the employee something of genuine value in exchange. Take advice before rolling this out to existing staff.
THIS AGREEMENT is made as of [Date].
BETWEEN:
[Employer Legal Name], [a corporation incorporated under the laws of [Province / Canada] / a sole proprietorship / a partnership] having its principal place of business at [Employer Address]
(the "Employer")
— and —
[Employee Legal Name] of [Employee Address]
(the "Employee")
(each a "Party" and together the "Parties")
WHEREAS the Employer wishes to employ the Employee on a part-time, indefinite basis, and the Employee has agreed to accept that employment on the terms set out below;
NOW THEREFORE in consideration of the mutual covenants below, the Parties agree as follows:
Position and Duties
The Employer employs the Employee in the position of [Job Title], reporting to [Title of Manager].
The Employee will perform the duties normally associated with the position of [Job Title], and any other duties reasonably assigned by the Employer from time to time, consistent with the Employee's skill and experience.
The Employee will devote their scheduled working time and attention to the Employer's business and will not, without the Employer's prior written consent, engage in any other employment or business activity that conflicts with the Employee's duties to the Employer or with the schedule in section 3.
The Employee represents that entering into this Agreement and performing their duties will not breach any agreement or obligation the Employee owes to a third party.
Only restrict outside work that creates a genuine conflict or scheduling clash — many part-time employees hold more than one position.
Term and Probationary Period
The Employee's employment begins on [Start Date] and continues on an indefinite basis until terminated in accordance with section 13.
The first [Number] days of employment are a probationary period. During the probationary period, the Employer may terminate the Employee's employment at its discretion, subject to any minimum entitlement the Employee has already accrued under the ESA at the time notice is given.
Successful completion of the probationary period does not entitle the Employee to greater notice of termination than provided in section 13.
VERIFY the current BC ESA qualifying period for statutory notice entitlement before relying on this clause.
Hours of Work and Scheduling
The Employee's regular scheduled hours are [Number] hours per week, scheduled as [Schedule / Days and Times], subject to section 3.2.
The Employer may vary the Employee's schedule and the specific days or hours worked within a range of [Minimum Number] to [Maximum Number] hours per week, on [Number] days' notice, to meet operational needs. A variation within this range is not a change to a fundamental term of employment.
The Employee's minimum guaranteed hours are [Number] hours per week [/ per pay period], below which the Employer will not schedule the Employee without the Employee's consent, except during a temporary reduction described in section 3.4.
Include if temporary reductions (e.g., for a slow season) are contemplated: The Employer may temporarily reduce the Employee's scheduled hours below the minimum in clause 3.3 for a period of up to [Number] weeks in a [12-month] period, for a genuine operational reason, on [Number] weeks' notice to the Employee. A reduction under this clause does not affect the Employee's entitlements under section 13 if it continues beyond the stated period or recurs so as to become, in substance, a permanent reduction.
The Employee [is / is not] required to be available on an on-call or call-in basis. Include if applicable and confirm any ESA reporting-for-work pay rule is reflected in the Employer's scheduling practice, not only in this Agreement.
The Employee [is / is not] eligible for overtime pay under the ESA. Where eligible, overtime is paid in accordance with the ESA and the Employer's overtime policy.
Complete this section with real numbers — a vague hours clause is the most common source of dispute in this agreement type, and an overly flexible one is what turns a schedule change into a constructive dismissal claim.
Set the range to reflect genuine, foreseeable operational variation for the role — not so wide that it lets the Employer make what is, in substance, a significant cut while pointing to this clause.
If a temporary reduction is severe or prolonged enough, it may also engage the BC ESA's temporary layoff provisions, which are separate from, and narrower than, a simple contractual hours reduction and carry their own consequences if the permitted layoff period is exceeded. VERIFY the current BC ESA temporary layoff rules before relying on clause 3.4 for anything more than a modest, short-term reduction.
Compensation
The Employer will pay the Employee at the rate of [Amount] per hour, payable [bi-weekly / semi-monthly], less applicable statutory deductions and withholdings, based on hours actually worked.
Include if a discretionary bonus applies: The Employee may be eligible for a discretionary bonus, pro-rated to scheduled hours relative to a full-time equivalent, subject to the Employer's bonus plan then in effect. The Employer may amend or discontinue the bonus plan at its discretion.
The Employer may review the Employee's compensation from time to time. Nothing in this section obligates the Employer to increase compensation.
Vacation and Statutory Holidays
The Employee is entitled to the minimum vacation entitlement required by the ESA, [/ or [Number] weeks per year, whichever is greater], pro-rated to hours actually worked where the ESA permits pro-ration. Vacation pay is calculated in accordance with the ESA.
The Employee is entitled to statutory holiday pay in accordance with the ESA for each statutory holiday recognized under the ESA on which the Employee does not work. The BC ESA sets its own eligibility conditions for statutory holiday pay, which can differ for employees who do not work a regular schedule — the Employer will apply the current ESA rule rather than a flat daily rate.
VERIFY the current BC ESA vacation entitlement and vacation-pay formula, and how it applies to a part-time or variable-hours schedule, before publishing.
Do not hard-code the ESA statutory-holiday-pay formula or eligibility conditions here. VERIFY them before relying on a specific calculation.
Benefits
Include if the Employer offers group benefits to part-time staff: The Employee is eligible to participate in the Employer's group benefits plan once the Employee has averaged at least [Number] hours per week over the preceding [Number] weeks, subject to the terms of the plan and the approval of the insurer. This threshold is set by the Employer's benefit plan or insurer, not by statute — confirm the current threshold against the plan document, not this Agreement, before telling the Employee they qualify. The Employer may amend, replace or discontinue the plan at its discretion.
If the Employee's hours are reduced under section 3.4 and that reduction causes the Employee to fall below the eligibility threshold in clause 6.1, the Employer will give the Employee written notice of the resulting change in benefits eligibility before the reduction takes effect.
Business Expenses
The Employer will reimburse the Employee for reasonable, pre-approved business expenses properly incurred in performing the Employee's duties, on production of receipts and in accordance with the Employer's expense policy.
Workplace Policies
The Employee will comply with the Employer's policies and procedures, as amended from time to time and made available to the Employee. In the event of a conflict between a policy and this Agreement, this Agreement governs.
Confidentiality
"Confidential Information" means non-public information relating to the Employer's business that the Employee acquires in the course of employment, whether or not marked confidential, including business plans, customer and supplier information, pricing, technical information and personal information about the Employer's employees, customers or suppliers.
The Employee will keep Confidential Information confidential both during and after employment, use it only to perform their duties, and not disclose it to any third party without the Employer's prior written consent, except as required by law.
Section 9.2 does not apply to information that is or becomes public through no fault of the Employee, or that the Employee is required to disclose by law or by a court or regulator — provided the Employee gives the Employer prompt notice where lawful to do so.
Intellectual Property
All work product, inventions, designs, code, documents and other materials created by the Employee within the scope of their employment (the "Work Product") are owned by the Employer.
To the extent any Work Product is not automatically owned by the Employer by operation of law, the Employee assigns to the Employer all right, title and interest in it, including all copyright, effective on creation.
The Employee waives, in favour of the Employer and anyone claiming through the Employer, all moral rights in the Work Product.
Non-Solicitation
During employment and for [Number] months after the end of employment for any reason, the Employee will not directly solicit any employee of the Employer with whom the Employee had material contact during the last [Number] months of employment, for the purpose of employment elsewhere.
During employment and for [Number] months after the end of employment for any reason, the Employee will not directly solicit any customer of the Employer with whom the Employee had material contact during the last [Number] months of employment, for the purpose of providing services competitive with those of the Employer.
Section 11.2 does not prevent the Employee from responding to a general advertisement not directed at the Employer's customers.
This Agreement contains no clause restricting the Employee from working for, or starting, a competing business after employment ends. Unlike Ontario, British Columbia has no statutory prohibition on that kind of clause for a non-executive employee, so a narrowly drafted one may be enforceable in limited circumstances. Drafting one properly is fact-specific and is out of scope for this self-serve template — route that request to counsel rather than adding language here.
Keep the scope, duration and definition of "material contact" narrow and tailored to the actual role.
Return of Property
On the end of employment for any reason, or earlier on request, the Employee will return all property, equipment, documents and Confidential Information belonging to the Employer, and permanently delete any copies in the Employee's possession or control that cannot be physically returned.
Termination of Employment
Termination by the Employer Without Cause
Option A — ESA minimum only
The Employer may terminate the Employee's employment at any time without cause, on providing the Employee with the minimum notice of termination, or pay in lieu of notice, required under the ESA, calculated based on the Employee's length of service and regular wages as of the date notice is given, together with any other payment or entitlement required under the ESA. This Agreement provides no greater entitlement to notice, pay in lieu of notice, or any other payment or benefit on termination without cause than the ESA requires.
Option B — Enhanced contractual notice
The Employer may terminate the Employee's employment at any time without cause, on providing the Employee with the greater of (a) [Number] weeks' written notice, or pay in lieu of notice, and (b) the minimum notice of termination, or pay in lieu of notice, required under the ESA, calculated based on the Employee's length of service and regular wages as of the date notice is given, together with any other payment or entitlement required under the ESA.
In no event will the Employee receive, on termination without cause, less than the Employee's minimum entitlements under the ESA.
Termination by the Employer for Cause
The Employer may terminate the Employee's employment at any time, without notice or pay in lieu of notice, for just cause.
Resignation by the Employee
The Employee may resign on providing the Employer with [Number] weeks' written notice. The Employer may, at its discretion, accept the resignation effective immediately or at any point during the notice period, with pay in lieu of the remainder of the notice period, or may require the Employee to work through all or part of the notice period.
Constructive Dismissal
A significant, unilateral change by the Employer to a fundamental term of the Employee's employment — including a reduction in scheduled hours outside the range in clause 3.2, compensation, position, or work location — may, at common law, be treated as a termination of the Employee's employment by the Employer, regardless of the Employer's characterization of the change. Nothing in this Agreement is intended to authorize such a change.
Effect of Termination
On the end of employment for any reason, the Employer will pay the Employee all wages, accrued and unused vacation pay, and any other amount earned up to the date employment ends, together with any amount owing under section 13.1 or 13.3, as applicable.
Sections 9, 10, 11 and 15 survive the end of employment.
Use Option A if the Employer wants the Employee's without-cause entitlement capped at the ESA minimums. Use Option B if the Employer wants to offer a fixed, enhanced contractual notice period instead. Delete whichever option does not apply, and renumber.
VERIFY the current BC ESA "just cause" exemption and how it is currently interpreted before relying on clause 13.3.1.
Check the surviving-section list against the final numbering after optional clauses are deleted.
Notices
Notices under this Agreement must be in writing and delivered to the address set out above, or to any other address a Party notifies in writing. Notice is deemed received on delivery if delivered personally or by email, or [Number] business days after mailing if sent by prepaid mail.
General
This Agreement is governed by the laws of the Province of British Columbia and the federal laws of Canada applicable in British Columbia. The Parties attorn to the exclusive jurisdiction of the courts of British Columbia.
This Agreement is the entire agreement between the Parties relating to the Employee's employment and supersedes all prior discussions, negotiations and agreements, whether written or oral, relating to that subject matter.
No amendment to this Agreement is effective unless in writing and signed by both Parties. Continued employment following a proposed amendment is not, by itself, acceptance of that amendment.
A failure or delay by a Party in exercising a right under this Agreement is not a waiver of that right.
If a provision of this Agreement, other than a provision within section 13, is held unenforceable, it is severed and the remainder of this Agreement continues in force.
This Agreement may be executed in counterparts and delivered electronically, each of which is an original and all of which together form one agreement.
Clause 15.5 excludes section 13 as a precaution given the enforceability uncertainty flagged at the top of this template.
IN WITNESS WHEREOF the Parties have executed this Agreement as of the date first written above.
[Employer Legal Name] | [Employee Legal Name] |
Per: ______________________ | Signature: ______________________ |
Name: [Name] | Name: [Name] |
Title: [Title] | |
I have authority to bind the Employer. |
Schedule A — Key Terms Summary
Complete this Schedule before execution. In case of conflict with the body of this Agreement, this Schedule is for reference only and does not override the body — resolve any conflict by correcting the Schedule to match the body.
Position: [Job Title]
Reports to: [Title of Manager]
Start date: [Start Date]
Probationary period: [Number] days
Regular scheduled hours per week: [Number]
Scheduling variation range: [Minimum Number]–[Maximum Number] hours/week
Minimum guaranteed hours: [Number] hours per week
Primary work location: [Address / Remote / Hybrid]
Hourly rate: [Amount]
Benefits eligibility threshold (if any): [Number] hours/week averaged over [Number] weeks
Without-cause notice option selected: [Option A — ESA minimum only / Option B — Enhanced: [Number] weeks]
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