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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: Carson Marshall
Block: D

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 terms and conditions of employees in their
workplace.
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 time your regular pay.
g. Under the Table: Employment not reported to the state.
h. Variance: When employers, with the agreement of their employees,
ask the branch to vary or change how parts of the Act apply them.
2. What is the Employment Standards Act?
A BC Law that outlines the rights of employees, and the responsibilities of
employers.
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3. What is the role of the Employment Standards Branch?
The ESB enforces the ESA.
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4. What is the phone number and website of the ESB?
1-800-663-3316 or www.labour.gov.bc.ca/esb
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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
People receiving financial assistance from government who
participate in certain government sponsored employment programs.
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6. Who are covered by Collective Agreements?
People who belong in unions.
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7. What Government issued document must you have in order to be hired in
BC?
You must have a Social Insurance Number (SIN).
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8. How old must you be to work in BC?
If you are under 12, you must get written consent to work from the
ESB. If you are 12-14, you must work restricted hours. Once you are
15, there are no more restricted hours or required parental/guardians
consent.
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9. Define minimum wage.
The lowest amount of money employers can pay.
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10.What is minimum wage in BC?
It is currently $10.85/hour.
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11.Define Minimum Daily pay.
Minimum daily pay is the minimum pay you must get from your work,
even if you dont work or get sent home. You must get at least 2 hours
pay or at least of what you were scheduled for (i.e. 8 hours
scheduled, 4 hours pay).
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12. Besides shifts worked, what duties must an employer pay you for?
You must be paid for orientation, training and meetings if they are
required.
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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.
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14.What can an employer deduct from your wages?
Canada Pension Plan;
Employment Insurance Plan;
Income Tax (in most cases); and
Court-ordered garnishes, for example: family maintenance orders.
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15.Define Special Clothing (p.21). Who pays for the upkeep of this?
Special Clothing: Clothing that is easily identified with a company logo or
unique company colours. The employer must pay for the upkeep of special
clothing.
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16.Define Dress Code. Who pays for the upkeep of this?
Dress code is generalized so that it means that an employer can have an
employee where much simpler clothing. The employee must pay for the
upkeep of this.
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17.Describe what work breaks are you entitled to.
Every 5 hours, your employer is required to allow you to have at least a 30minute rest period.
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18.What is a split shift?
When you work some hours, and then have an unpaid break and go back to
work on that same day.
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When must you be paid overtime?


You must be paid overtime after 8 hours of work in one day.
19.When must you be paid double time?
You must be paid double time after youve worked 12 hours in 1 day. /1
20.How is weekly overtime calculated?
After 40 hours worked, the employer must pay you 1.5x your regular for
every extra hour worked.
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21.Do employers have to pay you if you are sick and cannot work?
No but many employers benefit employees with sick pay anyways. /1
22.What vacation time are you entitled to?
After working for an employer for one year, you must get at least 2 weeks
off for vacation annually. After working 5 years consecutively with the
same employer, you must get at least 3 weeks off for vacation annually.
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23.What is vacation pay?
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. After 5 consecutive years
with the same employer, you must get paid 6% of your gross earnings. /2
24.How many statutory holidays are there in BC
There are 10 statutory holidays in BC.
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25.How can you be eligible for stat holiday pay?
To be eligible for stat holiday pay, you must have:
Been employed for at least 30 calendar days before the stat holiday;
Worked or earned wages for 15 or 30 days before the stat holiday; or
Worked under an averaging agreement any time in the 30 days before
the stat holiday.
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26.How does the ESA protect you if you take an unpaid leave?
The ESA requires an employer to give someone their old job back after
an unpaid leave.
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27.Name 6 unpaid leaves which are covered by the ESA?
Pregnancy Leave
Parental Leave
Family Responsibility Leave
Compassionate Care Leave
Jury Duty
Bereavement Leave
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28.What should you do if you feel your working conditions are unsafe?
Report it immediately to a supervisor or employer, or contact WorkBC.
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29.What does the Human Rights Code state about discrimination in the
workplace? What are the protected grounds?
Employers have a duty to provide a safe work environment that does
not allow harassment. This is on the grounds of the BC Human Rights
Code.
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30.What is a layoff and when does it become a termination?
A layoff is when an employer urges an employee to take an unpaid leave. It
becomes a termination after 13 weeks of a 20 week period.
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31.Does an employer need to provide a reason to fire you?
An employer does not need to provide a reason for firing someone. /1
32.What are you entitled to if you are terminated without notice?
One weeks pay after youve been employed 3 months in a row;
Two weeks pay if you have been employed for a year; and
Three weeks pay after three years of work, plus one weeks pay for
every additional year of employment to a maximum of eight years.
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33.What is a T4?
It is a form you use to do your income tax.
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34.What are the disadvantages of working under the table?
Ineligible for employment insurance benefits, and the possibility of not
being covered by the Workers Compensation Act.
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35.What steps should you take if you have a problem at work?


Report any negative incidents yourself, clients/customers or an
organization. Keep a record of it including dates and times, who was
present, and where and how the incident happened.
Have someone you trust to talk with about any problems on the job.
The might be able to help you get more info. You can bring them along
along if you would like to make a complaint to a government agency.
Talk to your employer to solve any issues. If the employer does not
listen and you think that they are breaking the law, speak with someone
you trust. You may also contact the Employment Standards Branch for
info before deciding to make a complaint.
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36.What is the purpose of the Employment Standards Self-help Kit?


To assist employees and employers to resolve problems among themselves.
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