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WORKING IN BC:

YOUR LEGAL RIGHTS AND RESPONSIBILITIES


Name:Heena Sidhu
Block:2
1. Glossary: (Pages 2 & 21)
a. Averaging Agreement: A person legally appointed or empowered to
act on behalf of another.
b. Collective Agreement: An agreement between employers and
employees which regulates the terms and conditions of employees in
their workspace.
c. Gross Pay: Your pay before deductions.
d. Double time: Twice the amount of your regular wage.
e. Net Pay: Your take home pay after deductions.
f. Time and a half: One and a half times your regular wage.
g. Under the Table:Employment not reported to state.
h. Variance: When employers, with the agreement of their employees,
ask the Branch to vary or change how parts of the Act apply to them.
i.
2. What is the Employment Standards Act?
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Employment Standards Act is a BC law that outlines the rights of
employees, and the responsibilities of employers. The Act sets the minimum
standards for working conditions.
3. What is the role of the Employment Standards Branch?
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The Employment Standards Branch is the government office that enforces
the law.
4. What is the phone number and website of the ESB?
To contact the Branch call 1-800-663-3316 or visit
www.labour.gov.bc.ca/esb.
5. List the people who are NOT covered by the ESB.
- Babysitters;

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- Secondary school students working at their schools or enrolled in work


experience or occupational study;
- Newspaper carriers who attend school and work 15 hours a week or less;
- Persons receiving financial assistance from government who participate
in certain government sponsored employment programs
6. Who are covered by Collective Agreements?
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Some employees, such as fish farm workers and resident caretakers, are
covered by the Act but have different minimum standards.
7. What Government issued document must you have in order to be
hired in BC?
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Social Insurance Number
8. How old must you be to work in BC? /2
If you are under 12 years old, employers must first get written permission
from the Employment Standards Branch. Your parents or legal guardian
must also agree. The Branch may also contact your school. Children ages
12 through 14 years may work restricted hours. Once a child reaches 15
years, there are no restrictions in the Act regarding the childs hours, nor is
there a requirement for a parents or legal guardians consent to work
9. Define minimum wage. /1
The minimum wage is the lowest amount of money employers can pay.
10.What is minimum wage in BC?
$10.45/h

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11.Define Minimum Daily pay. /2


If you were scheduled for more than eight hours work, you must be paid
at least four hours wages. This is called minimum daily pay.
12.Besides shifts worked, what duties must an employer pay you for. /1
Employer has to pay for job orientation, training and meetings.
13.What should be included on your pay cheque? /1

-Agreed upon wage rate, commission, flat or piece rate


- Total hours worked in the pay period;
- Overtime;
- Deductions;
- Gross pay;
- Net pay;
- Hours banked, if any; and
- Employers name and address.
14.What can an employer deduct from your wages? /1
- Canada Pension Plan;
- Employment Insurance Plan;
- Income tax (in most cases); and
- Court-ordered garnishees, for example: family maintenance orders.
15.Define Special Clothing (p.21). Who pays for the upkeep of this? /2
Clothing that is easily identified with a company logo or unique company
colours. Your manager has to pay for the upkeep of this
16.Define Dress Code. Who pays for the upkeep of this? /2
A set of rules, usually written and posted, specifying the required manner
of dress at a school, office, club, or restaurant. An employer must pay for
this.
17.Describe what work breaks are you entitled to. /1
Every five hours, your employer must allow you at least a 30-minute rest
period. This does not count as paid work time, unless you are expected to
be available for work, for example to serve a customer during your break.
18.What is a split shift? /1
A split shift is when you work some hours, and then have an unpaid break
and go back to work on that same day.
19.When must you be paid overtime?

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You must be paid overtime after eight hours of work in one day.

20.When must you be paid double time?

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Your employer must pay you two times your regular wage for each hour worked
after 12 hours. This is known as double time.
21.How is weekly overtime calculated?

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You must be paid for working more than 40 regular hours in one week. If you work
over 40 hours, your employer must pay you one and a half times your regular wage
for each hour after you have worked 40 hours. Weekly overtime is counted by
adding up the regular hours, i.e. eight or less in a day. When it adds up to more
than 40 hours in one week, you must be paid weekly overtime.
22.Do employers have to pay you if you are sick and cannot work? /1
The law does not require employers to pay you if you are sick and cannot
work.
23. What vacation time are you entitled to? /2
After you have worked at your job for one year, you must get at least two
weeks off for vacation annually. After working five years in a row with the
same employer, you must get at least three weeks off for vacation annually.
24. What is vacation pay? /2
Your vacation pay is a percentage of the total wages you received in a year.
You must get at least 4% of your gross earnings.

25.How many statutory holidays are there in BC


10 statutory holidays.

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26.How can you be eligible for stat holiday pay? /3


- Been employed for at least 30 calendar days before the stat holiday;
- Worked or earned wages for 15 of 30 days before the stat holiday;
- Worked under an averaging agreement any time in the 30 days before
the stat holiday.

27.How does the ESA protect you if you take an unpaid leave? /1
They cover by when you come back you can make sure you have your
job.
28.Name 6 unpaid leaves which are covered by the ESA? /1
Pregnancy leave, parental leave, family responsibility leave, passionate
care leave, jury duty, bereavement leave.
29.What should you do if you feel your working conditions are
unsafe? /1
Contact BCFED
30.What does the Human Rights Code state about discrimination in
the workplace? What are the protected grounds?
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Employers are not allowed to be discriminated or to discriminate
others, grounds are sex, race, origin, past crime history etc.
31.What is a layoff and when does it become a termination? /2
When you are asked to take unpaid leave, and 13/20 week period is the
termination.
32.Does an employer need to provide a reason to fire you? /1
No they do not.

33.What are you entitled to if you are terminated without notice? /3


One weeks pay after working for three months, two weeks pay after
working for one year and plus additional weeks pay after every year
for up to 8 years.
34.What is a T4? /1
A form needed to do your income taxes.
35.What are the disadvantages of working under the table? /1
No insurance benefits.
36.What steps should you take if you have a problem at work? /2

Report incidents to BCFED with date and time and also talk to your
employer about making changes.
37.What is the purpose of the Employment Standards Self-help
Kit? /1
To help employers and employees to figure things out themselves.