Employment Standards Assignment

1. What is the Employment Standards Act?

The Employment Standards Act sets out minimum standards in most BC workplaces including: wages, work hours,
workplace safety and conditions.
Who is not covered by this act?
o Independent contractors
o Member of a union
o Workers under the Federal Governments Labour standards
o Employees excluded from provincial jurisdiction
2. Minimum Wage:
Are there two minimum wages? Explain. What are the new minimum wages going to be?
There are two minimum wages: a regular minimum wage and a liquor server minimum wage. Due to the Liquor Control
and Licensing Act, the liquor server minimum wage is $9.60 per hour as of September 2016. The regular minimum wage
is now $10.85 an hour.

3. Minimum Daily Pay:

What is the minimum amount of hours that you are paid if you show up for work, even if the boss sends you
home?
You must be paid for at least 4 hours of work.

You are scheduled to work an 8-hour shift then the boss asks you to work another 2 hours. How many hours must
s/he pay you for?
The employer must pay you 10 hours of work.

You show up for work and work 1 hour before a power failure happens so the boss sends the entire staff home.
How many hours must the boss pay each employee for the day?
The employer must for every employee for a minimum of 2 hours or the actual time worked, the greater of the two.

How many times a month must your boss pay you?

Employees must be paid at least twice a month by their employers.
4. Work Breaks:
How often does an employer have to give you a 30 minute meal break?
Employees are given a 30 minute meal break for every 5 hours of work.
How many coffee breaks does an employer have to give you?
According to the act, employers are not required to give coffee breaks.
What is a split shift?
A split shift is when there are multiple shifts in one day. For example, 2 hours in the morning, leave the worksite, then
two hours later. However, a split shift must be within 12 hours.
5. Paydays and Payroll Records:
You were paid for the months of January on the 3 rd and 18th and for February on the 10th and 14th. Is the employer
allowed to do this? Explain your answer.
Technically, this is legal. Firstly, you were paid twice a month, and second, none of the pay periods exceed 16 days.
Employers are required to pay within 8 days of the end of the pay period. In this case, although there are 23 days
between the 18th and 10th, you were paid seven days after the pay period, therefore it is legal.
What must appear on your written or electronic pay statement (pay stub) each pay period?
The pay stub must provide all details of: hours worked, rate of pay, earnings, and deductions. For written checks,
required details include: name, address, worked hours, wage rate, and gross and net wages. These records must also be
kept for two years after the employment has ended.
What is vacation pay? How much is it?
Vacation pay is when an employee takes a break earned from their previous year of employment. During this time, an
employer is paid 4% of the employees from the previous year. After 5 years of employment, the vacation pay increases
to 6%.

6. Overtime:
You earn $10 per hour. What would be your gross pay (before taxes) if you worked:
10 hours in one day? __$110_ 30 hours in one week? __$300__
7.5 hours in one day? ___$75___ 50 hours in one week? ___$550____
7. Uniforms and Special Clothing:
You work in a mill where you are required to wear hearing (ear) protection, steel-toed boots and safety (eye)
goggles. Who must pay for this equipment?
You must pay for the safety equipment because it is not considered special clothing. Special clothing refers to the identity
of a company, which in this case doesnt.
You work in a restaurant where you are required to wear tan coloured pants, a black collared shirt, belt and casual
shoes. Who is responsible for supplying the outfit? Explain
You carry the responsibility of supplying for this outfit. A dress code is not a uniform, thus not special clothing, so you
must find the clothes for yourself.
You work at a golf course and are required to wear a white shirt with the company logo on it. You must also wear
dark coloured pants or skirt. Who is responsible for supplying the outfit? Cleaning it? Explain.
The employer is responsible for supplying the white shirt, cleaning it and maintaining it at no cost. This is because it has
the companys logo. However, the dark pants and skirt is your own responsibility because it does not have anything to do
with the company and is not considered special clothing.
8. Deductions:
What deductions must you pay (or have come off your cheque)?
Required deductions include income tax, Canada Pension Plan contributions and Employment Insurance premiums.
These are all required by law.
What deductions are optional (your choice) to have come off your pay cheque? Provide examples.
Deductions like breaking or damaging property may come off your pay cheque with the consent of the employee.
9. Statutory Holidays:
What are the two (2) conditions that you must meet in order to be paid for a statutory holiday?
An employee must be employed for at least 30 days and have working for at least 15 of those 30 days prior to being paid
for a statutory holiday.

How much do you make per hour if you work a statutory holiday?
You are paid 1.5 times the wage for the first 12 hours and 2 times the average wage.
10. Leaving the Job:
Do you have to give your employer advance notice that you are quitting your job?
According to the Act, you are not required to notify your employer.
Why would it be a good idea to let them know?
This leaves a positive final impression on your employer which could be important in the application of future jobs for
references. It would also allow more time for the employer to prepare your final pay cheque.
What does being laid off mean?
Being laid off is when you are let go not due to performances, but other causes.
When would you get terminated?
You would get terminated for breaking rules. However, an employer cannot terminate an employee without their written
consent.
What are some reasons that an employer can fire you? Does the employer have to give you notice that you are
being fired?
Incompetence, attendance issues, damage to company property, alcohol or drug possession at work, breaking company
rules, falsifying company records, disobedience and poor performance may all be reasons for getting fired. Depending on
how long you have worked, the employer is only required to provide notice if the employee has completed over three
consecutive months of work.
If you are fired how long does the employer have before s/he must pay all your wages?
They have 48 hours of time to pay all of your wages.
What is a Record of Employment (ROE)?
The Record of Employment is record providing information on employment history. It is an important document that
shows how long youve worked, your wages, why the employment was terminated, etc. It is an important document for
employees as only through this can they claim benefits from Employment Insurance.

11. Vacation Information:

You just started a full time job so how many weeks of holidays will you be entitled to in your first year?Two Weeks
after 4 years Three Weeks

12. Protecting your rights:

Why is it a good idea to record the date, time and details of an incident that may have occurred at your work?
In the case of a serious incident, according toe WorkSafeBc, an investigation is required. Both the employer and the
employees have a legal duty to fully cooperate with WorkSafeBC and present all documents or records.
Why do you think it would be a good idea to keep a record of the days and hours you have worked?
It allows you to have a reference if you work overtime, and allows you to check if you were payed the correct amount. It
also allows you to have a more organized schedule.
13. Explain why it is your responsibility to know your rights as a worker.
It is your responsibility to know you rights as a worker because understanding and knowing your rights ensures your
safety and employment standards. Because nobody has the responsibility to go through all of your rights, everyone must
know their own rights and look after themselves. Without knowledge of your own rights, an employer could exploit their
employee without giving things that they are entitled to. You are responsible because you must protect yourself and
create better, safer work conditions.