The Employment Standards Act (British Columbia) starts from the presumption that employees who get some or all of their pay in commissions are entitled to be paid at least minimum wage for all hours worked, overtime for all overtime hours, and for statutory holidays.
Unless one of the exemptions applies, commissioned employees are entitled to be paid overtime at premium rates in accordance with the Act for hours worked in excess of eight per day or 40 per week, and to be paid for statutory holidays.
All commissioned employees are entitled to an annual vacation and to vacation pay – there are no exemptions.
Vacation pay must be paid at the minimum rate of 4% or 6% (depending on the employee’s length of service) and is paid on total earnings, which includes all commission, bonuses and other incentive earnings. See our earlier post about the vacation pay trap: [link]