WORKING IN BC:

YOUR LEGAL RIGHTS AND RESPONSIBILITIES

Name: Hayden Powers-Ginther

Block: 4

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 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 times your regular wage.
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 to them.

2. What is the Employment Standards Act?

The Employment Standards Act is a BC law that outlines the rights of
employees, and the responsibilities of employers. /1
3. What is the role of the Employment Standards Branch?
The Employment Standards Branch is the government office that enforces
the law. /1
4. What is the phone number and website of the ESB?
1-800-663-3316, 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 program. /1
 6. Who are covered by Collective Agreements?
People who belong to unions are covered by collective agreements made
between their union and their employer. /1
7. What Government issued document must you have in order to be hired
in BC?
You must have a Social Insurance Number (SIN) before you can get hired.

/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. Children ages 12 through 14 years may work restricted
hours. /2
9. Define minimum wage.
Minimum wage is the lowest amount of money employers can pay. /1
10. What is minimum wage in BC?
$10.85 /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

/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. /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

colours. /2
 16. Define Dress Code. Who pays for the upkeep of this?

A certain outfit you have to wear. A dress code is at the employees own
expense, unless a specific brand is needed than it is the employers job

/2

17. Describe what work breaks are you entitled to.

Every five hours, your employer must allow you at least a 30-minute rest
period. /1
18.What is a split shift?

A split shift is when you work some hours, and then have an unpaid break
and go back to work on that same day. /1

19. When must you be paid overtime?

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

20. When must you be paid double time?

Your employer must pay you two times your regular wage for each hour
worked after 12 hours. /1
21. How is weekly overtime calculated?

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. /1

22. Do employers have to pay you if you are sick and cannot work?

The law does not require employers to pay you if you are sick and cannot
work. However, many employers do provide their employees with sick pay.

/1

23. What vacation time are you entitled to?

After you have worked at your job for one year, you must get at least two
weeks of for vacation annually. After working five years in a row with the
same employer, you must get at least three weeks of for vacation annually.
 /2
24. What is vacation pay?
You must get at least 4% of your gross earnings. After you work five years
in a row with the same employer, you must get at least 6% of your gross
earnings. /2
25. How many statutory holidays are there in BC

10 statutory holidays. /1

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

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, or Worked under
an averaging agreement anytime in the 30 days before the stat holiday. /3
27. How does the ESA protect you if you take an unpaid leave?

Your employer is not allowed to terminate you for taking an unpaid leave.
When you return from an unpaid leave, you must be given your old job, or a
similar job, as far as duties and salary. /1

28. Name 6 unpaid leaves which are covered by the ESA?

Pregnancy leave, Parental leave, Jury duty, compassionate care leave,
Family responsibility leave, Bereavement leave. /1
29. What should you do if you feel your working conditions are unsafe?
Identify the unsafe condition and report it immediately to your supervisor or
employer. /1
30.What does the Human Rights Code state about discrimination in the
workplace? What are the protected grounds?
Employers are not allowed to discriminate against employees in the hiring
process or in the workplace. You cannot be denied employment, a
promotion, be forced or be forced to work under different conditions than
another person doing the same job for the same period. The protected
grounds are: race, colour, ancestry, place of origin, political beliefs, religion,
marital status, family status, physical or mental disability, sex, sexual
orientation, age, or because of being convicted of a criminal or summary
conviction offence that is unrelated to the employment. /2
31. What is a layoff and when does it become a termination?
A layoff is when an employer tells employees that they must take an unpaid
leave from work. If you are laid off for more than 13 weeks of a
20 week period, or if the recall period covered by a collective agreement is
exceeded, the layoff becomes a termination. /2
32. Does an employer need to provide a reason to fire you?
The employer does not need to provide a reason to fire you. /1
33. What are you entitled to if you are terminated without notice?
One weeks pay after you have been employed three months in a row, Two
weeks pay if you have been employed for one 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. /3
34. What is a T4?
You need a T4 form to do your income tax. /1
35. 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. If you have an accident
at the job site, you may not have any legal recourse, even if you were
working in unsafe conditions. /1

36. What steps should you take if you have a problem at work?

Contact your employer or supervisor and explain the problem. If the

problem isnt fixed report it to WorkSafe BC. /2

37. What is the purpose of the Employment Standards Self-help Kit?

The Self-help Kit to assist employees and employers to resolve problems
among themselves. /1