If I have an employment agreement that entitles me to 5 weeks vacation and I am on both salary and commission, are my total wages to be calculated at the 5 week accrual rate of 10%? My employer insists that my commissions are to be paid out at the BC statutory max of 6% accrual. I have been with the company 27 years and my commissions constitute 50% of my wages.

Thank you for your question. While it would not be advisable to contact the Ministry of Lab our Employment Standards office for a termination of employment or severance matter, vacation pay is an issue that employment standards can usually assist you with. Generally speaking, vacation pay should be calculated on an employee’s total wages, in your case, including salary and commissions. If 5 weeks is what was agreed upon in your contract, you should be receiving 5 weeks, not 6%, which is only 3 weeks. If you would like to discuss this matter in more detail with an employment lawyer, please do not hesitate to contact us at the number below.