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Employment Standards Assignment

1. What is the Employment Standards Act?


The Employment Standards Act assures that employees in British Columbia get at least basic standards of compensation
and conditions of employment. It supports the fair treatment of employees and employers and promotes open
communication between employers and employees. The act also provides fair and efficient methods for resolving
disputes over the use and understanding of this act. It supports the development of a productive and active labour force
that can commit fully to the success of British Columbia and it helps in assisting workers to meet work and family
responsibilities.

Who is not covered by this act?


The independent contractors who sell their services rather than get paid and directed by an employer
Some union workers may have different rules.
Some businesses and industries are covered by the Federal Governments Labour Standards, such as the
Canadian Government, the Armed Forces, and the Federal Crown Corporations are not covered by this act.
2. Minimum Wage:
Are there two minimum wages? Explain. What are the new minimum wages going to be?
There are five minimum wages. There is a minimum hourly wage, which is $10.85; a minimum daily wage for live-in
home support worker and live-in camp leader wage, which is $108.50 and $86.80 respectively; a minimum wage for
resident caretakers; a minimum wage for farm workers; and a minimum wage for liquor severs. The new minimum
hourly wage is expected to increase fifty cents into $11.35 an hour in mid-September 2017. Liquor servers wage will
also gain fifty cents, and become $10.10 in mid-September 2017.

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?
The employer must pay a minimum of two hours of work at regular wage.

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?
If I work two hours more than my 8-hour shift, my boss must pay me 1 times my normal wage for the extra
hours. Therefore, s/he must pay me three hours of work for me to do two 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 boss must pay each employee two hours of work at regular wage, even though they did not work for two
hours.
How many times a month must your boss pay you?
The boss must pay the employee twice a month.

4. Work Breaks:
How often does an employer have to give you a 30 minute meal break?
There should be a meal break at least every five hours.
How many coffee breaks does an employer have to give you?
Employers are not required to give coffee breaks.
What is a split shift?
A split shift is a working shift comprising two or more separate periods of duty in a day and may not exceed 12
hours.

5. Paydays and Payroll Records:


You were paid for the months of January on the 3rd and 18th and for February on the 10th and 14th. Is the
employer allowed to do this? Explain your answer.
The employer is expected to pay you twice a month, therefore, the employer is allowed to do that.
What must appear on your written or electronic pay statement (pay stub) each pay period?
It must include all details about hours worked, rate of pay, earnings, and deductions.
What is vacation pay? How much is it?
Vacation pay is when an employee takes a vacation and gets paid. After one year of work, the vacation pay must
be a minimum of 4% of the employees total earnings in the previous year. After five years of consecutive
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?
The employer must pay for this equipment.
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
The employee is supplying the outfit because it is not considered as a uniform that the company must pay but
rather a dress code that the worker must comply by.
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 outfit and is also responsible for cleaning it. This is because the
white shirt with the company logo is a uniform.

8. Deductions:
What deductions must you pay (or have come off your cheque)?
One must pay deductions that are required by law, which includes: income tax, employment insurance premiums,
Canada pension plan contributions, and union dues
What deductions are optional (your choice) to have come off your pay cheque? Provide examples.
One can have employers business costs deducted from their cheques if they want to support the company. Some
examples of this are: cash shortages, breakages, and damages.

9. Statutory Holidays:
What are the two (2) conditions that you must meet in order to be paid for a statutory holiday?
1. The employee must have been employed by the employer for at least 30 calendar days before the statutory
holiday
2. The employee must have worked or earned wages for 15 of the 30 calendar days preceding the statutory
holiday
How much do you make per hour if you work a statutory holiday? 1 the regular wage for the time worked up to
twelve hours or double the regular wage if worked over twelve hours.

10. Leaving the Job:


1. Do you have to give your employer advance notice that you are quitting your job?
You do not have to give your employer any advance that you are quitting your job.
2. Why would it be a good idea to let them know?
It is a good idea to let them know because if you do, they can give you a good reference when you apply for
another job. They can also give them time to prepare wages and get the paperwork done.
3. What does being laid off mean?
When a person is let go for reasons other than performance.
4. When would you get terminated?
You can get terminated whenever the employers want to. However, the employers will usually give reason for
the termination.
5. What are some reasons that an employer can fire you? Does the employer have to give you notice that you are
being fired?
Some reasons include:
1. Using drugs or alcohol that interfere with your job performance
2. Ignoring a strict rule of no alcohol during work hours
3. Intentionally disobeying your boss
4. Consistently refuse to follow a clearly defined chain of authority in a tightly-knit business
5. Are disloyal to your employer or put yourself in a conflict of interest
6. Ignoring a clear workplace policy, procedure, or rule
7. Are dishonest about something important
If one worked for three months in a row, they are entitled to one week notice and pay. If they work twelve
months in a row, they are entitled to two weeks of notice and pay. If they worked for three years or over in a
row, they are entitled to an additional week of service for every year of service to a maximum of eight weeks.
6. If you are fired how long does the employer have before s/he must pay all your wages?
The employer must pay all outstanding wages by the end of the next business day.
7. What is a Record of Employment (ROE)?
A Record of Employment provides information on employment history. It is a very important document and is
used to establish a claim for Employment Insurance benefits
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? You will be
entitled two weeks of vacation.
After five years of consecutive employment, you are entitled three weeks of vacation.

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?
Therefore, if the information was reported to the employer, the incident might be solved. It can also help in a
court case as it counts as evidence.

Why do you think it would be a good idea to keep a record of the days and hours you have worked?
If the days/hours you worked does not match up with the written or electronic pay statement, you can have proof
to show to your employer and the problem can be solved.

13. Explain why it is your responsibility to know your rights as a worker.


Therefore, the employees cannot be treated unfairly by the employers and the employers cannot trick the employees. If
the employees know their rights as a worker, they know what to expect at their workplace.

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