WORKING IN BC:

YOUR LEGAL RIGHTS AND RESPONSIBILITIES

6th Edition
https://www.surreyschools.ca/schools/tweeds/Departments/Planning/Documents/W
oring-in-BC-3-2012.pdf
or google working in BC your legal rights
Name: Samantha Rodriguez
Block: 2

1. Glossary: (Pages 2 & 21)

a. Averaging Agreement: A person who is legally designated to act upon
anothers behalf.
b. Collective Agreement: An agreement between employers and
employees that determine the terms and conditions of the workplace.
c. Gross Pay: Pay before deduction
d. Double time: Twice the amount of your regular pay
e. Net Pay: Pay you take home after deductions
f. Time and a half: One and a half times the amount of your regular pay
g. Under the Table: Unreported employment to the state
h. Variance: When employers, with the permission of their employee,
ask the Branch to vary or change how parts of the Act apply to them
2. What is the Employment Standards Act?
It is the BC law that demarcates the rights of an employee and the
responsibility of an employer.
3. What is the role of the Employment Standards Branch?
The role of the Employment Standards Branch is to enforce the law.
4. What is the phone number and website of the ESB?
Phone number: 1-800-663-3316. Website: www.labour.gov.bc.ca/esb.
5. List the people who are NOT covered by the ESB.

Babysitters, secondary student who work at their school, newspaper

carriers that work 15 hours a week or less and attend school, and people
who participate in government sponsored programs and receive financial
aid.
6. Who are covered by Collective Agreements?
Employees that belong to a union.
7. What Government issued document must you have in order to be hired in
BC?
You must have a Social Insurance Number.
8. How old must you be to work in BC?
A child between the ages of twelve and fourteen must have written
permission the Employment Standards Branch, your parents, or legal
guardian. At age fifteen, there are no restrictions.
9. Define minimum wage.
Minimum wage is the lowest amount of money an employer can pay.
10.What is minimum wage in BC?
Minimum wage in British Columbia is $10.45.
11.Define Minimum Daily pay.
Minimum daily pay is when an employer requests for an employee to come
into work, the worker must be paid for at least two hours of work, even if
there is no work to be done. If an employee is scheduled for eight hours of
work, they must be paid for at least four hours of work.
12.Besides shifts worked, what duties must an employer pay you for?
Your employer must pay the worker when they must stop work for an
uncontrollable reason.
13.What should be included on your pay cheque?
Agreed upon wage, commission, flat or piece rate; total hours worked in pay
period; overtime; deductions; gross and net pay; hours banked; employers
name and address.
14.What can an employer deduct from your wages?
Canada Pension Plan, Employment Insurance Plan, income tax, and courtordered garnishees.
15.Define Special Clothing (p.21). Who pays for the upkeep of this?
The employer must pay for specific clothing items for a uniform at no cost
for the employee.
16.Define Dress Code. Who pays for the upkeep of this?

A dress code is at the employees own expense.

17.Describe what work breaks are you entitled to.
Every five hours an employee works, they are entitled to an unpaid thirty
minute break.
18.What is a split shift?
A split shift is when an employee works for some hours, takes their break,
and then go back to work on the same day.
19.When must you be paid overtime?
You must be paid after working eight hours of work within a day.
20.When must you be paid double time?
An employer must pay their employee for their work done for every hour
after twelve hours.
21.How is weekly overtime calculated?
When an employee works for more than forty hours a week, they must be
paid overtime.
22.Do employers have to pay you if you are sick and cannot work?
It is not required by law, but some employers provide sick pay.
23.What vacation time are you entitled to?
After working one year at a job, an employee gets at least two weeks off
annually. After working five years in a row with the same employer, a
worker gets at least three weeks off annually.
24.What is vacation pay?
Vacation pay is the percentage of the total wages a worker receives in a year.
They get at least four percent of their gross earnings.
25.How many statutory holidays are there in BC?
There are ten statutory holidays.
26.How can you be eligible for stat holiday pay?
A worker must be employed for at least thirty calendar days before the stat
holiday, worked or earned wages for fifteen of those thirty days, and worked
under an averaging agreement any time in the thirty days beforehand.
27.How does the ESA protect you if you take an unpaid leave?
An employer is not allowed to terminate an employees job.
28.Name 6 unpaid leaves which are covered by the ESA?
Pregnancy leave, parental leave, pregnancy or parental leave pay,
pregnancy or parental leave notice, family responsibility leave,
bereavement leave, compassionate care leave, and jury duty.

29.What should you do if you feel your working conditions are unsafe?
A employee must report it immediately to their supervisor or employer.
30.What does the Human Rights Code state about discrimination in the
workplace? What are the protected grounds?
An employer is not permitted to discriminating against an employee during
the hiring process or in the workplace. The protected grounds are race, skin
colour, ancestry, place of origin, political beliefs, religion, marital status,
family status, physical or mental disability, sex, sexual orientation, age, or
being convicted a criminal or summary conviction offence that is unrelated
to the employment or intended employment.
31.What is a layoff and when does it become a termination?
A layoff is when an employer tells their employees that they must take an
unpaid leave. It becomes a termination when you are laid off for thirteen of
twenty weeks or it the recall period by a collective agreement is exceeded.
32.Does an employer need to provide a reason to fire you?
They dont need a reason, but a few are the down-sizing of the company, a
change in management, or poor work performance.
33.What are you entitled to if you are terminated without notice?
If an employee doesnt think they were given proper notice, they can
contact the Employment Standards Branch for advice. If they think they
were terminated unfairly, they can take their employer to court.
34.What is a T4?
A T4 is a form to do income taxes.
35.What are the disadvantages of working under the table?
The disadvantages of working under the table are being ineligible for
employment insurance benefits or the possibility of not being covered by
the Workers Compensation Act.
36.What steps should you take if you have a problem at work?
If an employee has a problem at work, they should report any loss or injuries
of yourself, a client or customer, or another employee. They should record the
incident by writing a date, time, any witnesses, and a description of where and how
the incident occurred. They should talk to someone they trust. It could be a family
member or a co-worker. Also, they should attempt to talk to their employer. If the
employer isnt listening or has possibly broken the law, again, the employee should

talk to someone they trust. They should, also, contact the Employment Standards
Branch.
37.What is the purpose of the Employment Standards Self-help Kit?
The purpose of the Employment Standards Self-help Kit is to assist
employees and employers to resolve problems among themselves.