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:Jessica Bator
Block: A

1. Glossary: (Pages 2 & 21)

a. Averaging Agreement: Someone legally has the right to act on the
behalf of someone else
b. Collective Agreement: An agreement between the employers and
employees that establishes the terms and conditions in the workplace
c. Gross Pay: Pay before deductions
d. Double time: Twice the amount pay then your usual pay
e. Net Pay: The amount received after taxes and deductions
f. Time and a half:
half of it
g. Under the Table:

Getting paid your usual wage as well as an extra

Unreported work

h. Variance: When employers ask to change how the act applies to them
2. What is the Employment Standards Act?
It is a BC law that states the rights of employees and the responsibilities of
employers it states the minimum expectation and applies to everyone in the
same job
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3. What is the role of the Employment Standards Branch?

The Employment Standards Branch is in charge of making sure the law is
followed
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4. What is the phone number and website of the ESB?
1-800-633-3316 and www.labour.gov.bc.ca/esb
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5. List the people who are NOT covered by the ESB.
Babysitters, high school students working at school, newspaper delivers that
attend school and work 15 hours or less, and people receiving financial
assistance from the government who participate in government sponsored
employment programs are not covered by the ESB
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6. Who are covered by Collective Agreements?
People who belong to unions are covered by Collective Agreements
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7. What Government issued document must you have in order to be hired in
BC?
A Social Insurance Number (SIN Number) is required to be hired in BC
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8. How old must you be to work in BC?
You must be older than 12 to work in BC. Ages 12-14 do have limitations in
working conditions though
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9. Define minimum wage.
The minimum pay employers are required to pay their employees
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10.What is minimum wage in BC?
Currently, minimum wage in BC in $10.85
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11.Define Minimum Daily pay.
The employer is required to pay you for at least 2 hours of work even if were
sent home early, for being scheduled for 8 hours a minimum of 4 hours pay

is required
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12.Besides shifts worked, what duties must an employer pay you for.
When work is stopped due to reasons the employer cant control they must
still pay you at least 2 hours or the amount of hours you worked.
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13.What should be included on your pay cheque?
The pay cheque should include your wage, total hours worked, overtime,
deductions, gross pay, net pay, hours banked, and the employers name and
address
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14.What can an employer deduct from your wages?
The employer can deduct Canadian pension plan, employment insurance
plan, income taxes, and court ordered garnishes
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15.Define Special Clothing (p.21). Who pays for the upkeep of this?
If you are in need of special uniforms or equipment the employer is required
to provide them with no cost or deposit to you
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16.Define Dress Code. Who pays for the upkeep of this?
Dress code is at the employees own expense the upkeep of special uniforms
is on the employers
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17.Describe what work breaks are you entitled to.
Every 5 hours the employer is entitled to give you a 30min unpaid work
break
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18.What is a split shift?
A split shift is when you start work get an unpaid break then go back to
work later in the day. The shift must be completed within 12 hours of
starting the shift.
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When must you be paid overtime? You must be paid overtime after 8 hours of
work in one day.

19.When must you be paid double time?

You must be paid double time for each hour worked after 12 hours in a shift.
`
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20.How is weekly overtime calculated?
Weekly overtime is calculated when you work more than 40 hours in a
week. The employers will pay you time and a half for each hour worked
overtime
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21.Do employers have to pay you if you are sick and cannot work?
Employers are not entitled to pay you if you are sick and cant attend work.
They can if chosen however.
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22.What vacation time are you entitled to?
After working at your job for 1 year you are allowed at least 2 weeks of
vacation time. After working there for 5 years you are permitted at least
three weeks of vacation time per year.
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23.What is vacation pay?
Vacation pay is at least 4% of your gross earnings. After 5 years your
vacation pay will be at least 6% of your gross earnings.
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24.How many statutory holidays are there in BC
In BC there are 10 statutory holidays
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25.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 days, worked for at least 15 of 30 days before the holiday.
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26.How does the ESA protect you if you take an unpaid leave?
The ESA protects you from getting fired if you choose to take an unpaid
leave, you are also entitled to the same job, wages, etc. when you return.
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27.Name 6 unpaid leaves which are covered by the ESA?

Parental Leave, pregnancy leave, family responsibility leave, family
responsibility leave, bereavement leave, and compassionate care leave are
covered by the ESA
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28.What should you do if you feel your working conditions are unsafe?
If working conditions are unsafe you must identify the issue and report it to
your employer.
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29.What does the Human Rights Code state about discrimination in the
workplace? What are the protected grounds?
Employers must provide a safe environment that doesnt include any types
of harassment or discrimination and employers are required to treat coworkers, employers, etc. with respect. Employers cant have policies to
discriminate people from working at their workplace. Anything that goes
against the human code of rights wont be tolerated by the human rights
code.
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30.What is a layoff and when does it become a termination?
A layoff is when an employer informs an employee than they have to take
an unpaid leave from work. They arent required to let you know in advance,
reasons could include no duties to complete or being high on labor costs.
They must call you back after the leave.
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31.Does an employer need to provide a reason to fire you?
The employer is not required to have a reason to fire you.
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32.What are you entitled to if you are terminated without notice?

If your job is terminated without notice you are able to get one week of pay
if you have worked 3 months in a row, two weeks of pay if youve been
employed for at least a year and 3 weeks of pay after 3 years of working

there. Each additional year you have worked there will add another week of
pay until youve hit the maximum of 8 weeks of pay for 8 years of work.
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33.What is a T4?
A T4 is a form needed to complete any income tax you might have.
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34.What are the disadvantages of working under the table?
If you are working under the table you could be ineligible to employment
benefits, or being covered by the Workers Compensation Act in case of an
accident on the work site this could become an issue.
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35.What steps should you take if you have a problem at work?
Report any accidents or incidents to your employer, organization, clients etc.
Keep a record of the incident, including a description of the accident, time of day,
date, place. As well discussing problems with your employer is necessary.
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36.What is the purpose of the Employment Standards Self-help Kit?
The Employment Standards Self-Kit is used to help employees to resolve
between themselves at the workplace it must be filled out and handed to
the branch before verification to help solve the issue.
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