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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: Isabelle Stevenson
Block:

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:
e. Net Pay:

Twice the amount of you regular wage.

The amount of wages the employee actually takes home.

f. Time and a half: A rate of pay for overtime work equal to one and
one half times the regular hourly 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. The ac sets the minimum
standards for working conditions
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3. What is the role of the Employment Standards Branch?
The Employment Standards Branch is the government office that enforces
the law.
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4. What is the phone number and website of the ESB?
1-800-663-3316
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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 persons 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 to unions are covered by collective agreements made
between their union and their employer
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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 before you can get hired. /1
8. How old must you be to work in BC?
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.
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9. Define minimum wage.
The minimum wage is the lowest amount of money employers can pay. /1
10.What is minimum wage in BC?
The minimum wage is $10.25 per hour.
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11.Define Minimum Daily pay.
If you were scheduled for more than eight hours work, you must be paid at
least four hours wages.
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12.Besides shifts worked, what duties must an employer pay you for?
Sometimes work is stopped for a reason your employer cannot control, such
as bad weather.
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13.What should be included on your pay cheque?


You should get a written or electronic statement with your pay
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14.What can an employer deduct from your wages?
Your employer is required by law to make deductions from your wages for
Canada Pension Plan, Employment Insurance Plan, Income tax (in most
cases) and Court-ordered garnishees. /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. Your employer has to provide it to you at no cost or deposit.
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16.Define Dress Code. Who pays for the upkeep of this?
The customary style of dress of a specified group. A dress code is at the
employees own expense.
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17.Describe what work breaks are you entitled to.
Every five hours, your employer must allow you at least a 30-minute rest
period.
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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.
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19.When must you be paid overtime?
You must be paid overtime after eight hours of work in one day.
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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. `
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21.How is weekly overtime calculated?
For the purpose of calculating overtime, the week begins on Sunday. /1
22.Do employers have to pay you if you are sick and cannot work?
Your employer cannot reduce your vacation time or vacation pay because
you have been given sick pay during the year.
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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 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.
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24.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 you work five years

in a row with the same employer, you must get at least 6% of your gross
earnings.
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25.How many statutory holidays are there in BC
There are 10 statutory holidays in BC.
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26.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 of
30 days before the stat holiday, or worked under an averaging agreement
anytime in the 30 days before the stat holiday.
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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
that is covered by the Employment Standards Act.
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28.Name 6 unpaid leaves which are covered by the ESA?
Pregnancy Leave, Parental Leave, Bereavement Leave, Family
Responsibility Leave, Compassionate Care Leave and Jury Duty.
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29.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 Work Safe BC to find out what
your employer must do to keep you safe.
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30.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 are: race, 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.
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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.
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32.Does an employer need to provide a reason to fire you?
The employer does not need to provide a reason to fire you.
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33.What are you entitled to if you are terminated without notice?

If your job is terminated without notice, you have a minimum right 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.
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34.What is a T4?
You need a T4 form to do your income tax.
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35.What are the disadvantages of working under the table?
Some disadvantages of working under the table include being ineligible for
employment insurance benefits, and the possibility of not being covered by
the Workers Compensation Act.
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36.What steps should you take if you have a problem at work?
Report any incidents of loss or injury to yourself, your clients/customers, or
your organization. It is also a good idea to have someone you trust to talk
with about any problems on the job. Try to talk to your employer to solve
any problems.
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37.What is the purpose of the Employment Standards Self-help Kit?
They have an Employment Standards Self-help Kit to assist employees
and employers to resolve problems among themselves.
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