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: Fatima Medina
Block: 2

1. Glossary: (Pages 2 & 21)

a. Averaging Agreement: A person legally appointed or empowered to
b.

c.

d.
e.
f.
g.
h.

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: You 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?

It is a BC law that outlines the rights of employees, and the responsibilities of

employers. The Act sets the minimum standards for working conditions.

3. What is the role of the Employment Standards Branch?

/1

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. /1

5. List the people who are NOT covered by the ESB.

Babysitters, Secondary school Students, Newspaper carriers who attend

school, Persons receiving financial assistance from the government . /1

6. Who are covered by Collective Agreements?

People who belong to unions made between their union and their

employer.

/1

7. What Government issued document must you have in order to be hired in

BC?
You need to have your social insurance number ( SIN) /1
8. How old must you be to work in BC?

If you are under 12 you need to get a written permission from the
Employment Standards Branch and may work restricted hours. At 15 there
are no restrictions in the Act regarding the childs hours, no requirement for a
parent of 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?

$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.

2
12.Besides shifts worked, what duties must an employer pay you for.

Must pay you during over time periods if they ask you to work during this 32hour period.

/1

13.What should be included on your pay cheque?

Agreed upon wage rate, commissions, flat or piece rate, total hours worked in
the pay period, overtime, deductions, gross pat, net pay.

/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. /2

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

If you are required to wear a company shirt, uniform or specific brand-name

clothes, your employer has to provide it to you at no cost or deposit. Special
clothing as defined by the Act is different from a dress code. A dress code is
at the employees own expense.

/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

When must you be paid overtime?

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

19.When must you be paid double time?

Your employer must pay you two times your regular wage for each hour

/1
20.How is weekly overtime calculated?
worked after 12 hours.

Weekly overtime is counted by adding up the regular hours .

/1

21.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.

/1

22.What vacation time are you entitled to?

After you have worked at your job for one year, you must get at least two
weeks off for vacation annually. After working five years in a row with the
same employer, you must get at least three weeks off for vacation
annually.

/2

23.What is vacation pay?

Your vacation pay is a percentage of the total wages you received in a
year/2

24.How many statutory holidays are there in BC

There is 6 statutory holidays in BC. /1
25.How can you be eligible for stat holiday pay?

To be eligible for a stat holiday pay you must have been employed for at
least 30 calendar days before, Worked on earned wages for 15 of 30 days,
Worked under an averaging agreement any time in the 30 days before the
stat holiday.

/3

26.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 that
is covered by the Employment Standards Act. When you return from an
unpaid leave, you must be given your old job, or a similar job, as far as duties
and salary are concerned. You must be given any wage increases or benefits
that you would have received if you had not taken this leave. If you are a
member of a medical or dental plan at work, your employer must keep you
on these plans

/1

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

Pregnancy leave, Parental leave, Parental or pregnancy leave, Pregnancy or

parental leave notice, family Responsibility leave, bereavement leave,
compassionate care leave.

/1

28.What should you do if you feel your working conditions are unsafe?

First identify the unsafe condition and report it immediately to your

supervisor or employer. You can also contact WorkSafeBC to find out what
your employer must do to keep you safe.

/1

29.What does the Human Rights Code state about discrimination in the
workplace? What are the protected grounds?

The BC Human Rights Code says employers are not allowed to discriminate
against employees in the hiring process or in the workplace. The protected
grounds arerace, color, 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 or to the intended
employment of that person.

/2

30.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.

/2

31.Does an employer need to provide a reason to fire you?

The employer must give you either Notice of 16 17 Termination or payment

instead of notice. /1

32.What are you entitled to if you are terminated without notice?

You are entitled to 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

33.What is a T4?
It is a form you need to do your income taxes. /1

34.What are the disadvantages of working under the table?

Some of the disadvantages are being ineligible for employment
insurance benefits, and the possibility of not being covered by the
Workers Compensation Act. /1

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

You should report any incidents of loss or injury to yourself, your

clients/costumers, or your organization. It Is also a good idea to have someone
you trust to talk with about any problems on the job and try to talk to your
employer to solve any problems.

/2

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

It is to assist employees and employers to resolve problems among
themselves; some exceptions apply. /1