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: Melanie Kim
Block: Block 2

1. Glossary: (Pages 2 & 21)

Averaging Agreement: A person legally appointed or empowered to
act on behalf of another.

Collective Agreement: An agreement between employers and

employees which regulates the terms and conditions of employees in
their workplace.
Gross Pay: Your pay before deductions
Double time: Twice the amount of your regular wage
Net Pay: Your take home pay after deductions.
Time and a half: One and a half times your regular wage.
Under the Table: Employment not reported to the state.

Variance: When employers, with the agreement of their employees, ask the
Branch to vary or change how parts of the Act apply to them.

2. What is the Employment Standards Act?

The Employment Standards Act is an Act of the Legislature of Ontario.
which regulates employment in the province, including wages, maximum
work hours, and workplace health and safety /1
3. What is the role of the Employment Standards Branch?
The Employment Standards Branch is the
government office that enforces the laws. /1
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. /1
5. List the people who are NOT covered by the ESB.
babysitters;
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; and
persons receiving financial assistance from
government who participate in certain
government sponsored employment
programs./1
6. Who are covered by Collective Agreements?
Some employees, such as fish farm workers and
resident caretakers, are covered by the Act but
have different minimum standards /1
7. What Government issued document must you have in order to be hired in
BC?
You much have a social insurance number (SIN) /1
8. How old must you be to work in BC?
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. /2
9. Define minimum wage.
The minimum wage is the lowest amount of
money employers can pay /1
10.What is minimum wage in BC?
. At the time this
booklet was published the minimum wage was
$10.25 per hour. /1

11.Define Minimum Daily pay.

If you go to work as requested by your employer,
you must be paid for at least two hours even
if there is no work for you to do. 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. /2
12.Besides shifts worked, what duties must an employer pay you for?
If you are required to attend an orientation,
training or meeting before or after your shift,
you must be paid. If attending a meeting plus
your shift adds up to more than eight hours that
day, the Act says you are entitled to overtime
pay. The law does not apply to interviews or
meetings that are part of the hiring process. /1
13.What should be included on your pay cheque?
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. /1
14.What can an employer deduct from your wages?
Canada Pension Plan;
Employment Insurance Plan;
Income tax (in most cases); and
Court-ordered garnishees,
for example: family maintenance orders. /1
15.Define Special Clothing (p.21). Who pays for the upkeep of this?
Clothing that is easily identified
with a company logo or unique
company colors. The employer must pay for the specific clothing items for a
inform at no cost for the employees. /2
16.Define Dress Code. Who pays for the upkeep of this?
A dress code is a the employees own expense /2
17.Describe what work breaks are you entitled to.

Every 5 hours an employee works, they are entitles o an unpaid thirty minute
break. /1
18.What is a split shift?
A split shift is when an employee works for some hours, takes their break
and then goes back to work on the same day. /1
19.When must you be paid overtime?
You must be paid after working eight hours of work within a day. /1
20.When must you be paid double time?
An employer must pay their employee for their work done for every hour
after twelve hours. /1
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 no required by law, but some employers provide sick pay. /1
23.What vacation time are you entitled to?
After working one year at a job, and 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. /2
24.What is vacation pay?
Vacation pay is the percentage of the total wages a worker receives in a year
and they get at least four percent of their gross earnings. /2
25.How many statutory holidays are there in BC?
There are ten statutory holidays. /1
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. /3
27.How does the ESA protect you if you take an unpaid leave?
An employer is not allowed to terminate an employees job. /1
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. /1
29.What should you do if you feel your working conditions are unsafe?
An employee must report it immediately to their supervisor or employer. /1

30.What does the Human Rights Code state about discrimination in the
workplace? What are the protected grounds?
An employer is not permitted to discrimination against an employee during
the hiring process or in the workplace. The protected grounds are race, skin
color, 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. /2
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 youre laid off for thirteens of
twenty weeks or I the recall period by a collective agreement is exceeded. /2
32.Does an employer need to provide a reason to fire you?
The do no need a reason but a few are the downsizing of the company, a
change in management or poor work performance. /1
33.What are you entitled to if you are terminated without notice?
If an employee doesnt think they were given a proper notice they can
contact he employment standards branch for some advice. If they think they
were terminated unfairly, they can take their employer to court as well. /3
34.What is a T4?
A T4 is a form to do income taxes. /1
35. What are the disadvantages of working under the table?
The disadvantages of working under the able are being ineligible for
employment insurance benefits or the possibility of not being covered by the
workers compensation act. /1
36.What steps should you take if you have a problem at work?
If an employee has a problem at work, they should report a loss or injurers of
yourself, a client or customer or another employee. They should record the incident
by writing a fate, time, any witnesses and a description of where and how the
incident occurred. They should talk to someone he trust, I could be a member or a
coworker. Also, they should attempt to talk to their employer. Is the employer isnt
listening or has possibly broken the law, again, the employee should talk to some
they can trust. Hey should also contact the ESB. /2

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. /1