Know Your Employee Rights

 

 

Finding a job is hard. Because of this many people are just so thankful to have employment they either don't pay attention to the conditions they work in or they let problems go because the don't want to be fired.

 

Well, we've come to learn that you are entitled to certain rights in the workplace, and if you demand those rights you can't be fired. We found out things like how you should be payed for holidays, that your employer has to pay for any training or meetings they require you to attend and that, if you're required to wear a uniform, they must provide it and help pay for the maintenance of it. Read on for more important information.

The Employment Standards Act

Hiring

Wages

Hours of Work

Holidays

Pregnancy Leave

Vacation Pay

Uniforms and Special Clothing

Quitting or getting Fired

 

 

 

 

 

The Employment Standards Act

 

The Employment Standards Act is a guideline for employers to make sure that workers in BC receive a minimum standard wage and minimum terms of employment. In other words, it's a list of rules to make sure that you are treated fairly when you have a job.

The act requires employers, your boss, to display a statement of your rights in your workplace.

Employment Standards Branch Offices

201 - 865 Hornby St.

Vancouver, BC

phone #604-775-1974

 

Guide To Your Employee Rights

For information call #1-800-663-3316

in Vancouver call #604-660-4000

by e-mail at infoesb@system6.lcs.gov.bc.ca

by fax at 1-604-775-3509

at their website at www.labour.gov.bc.ca

Who Is Covered By The Act ?

The Act applies to both full time and part time workers in BC, regardless of the number of hours that they work.

Jobs That Are Not Covered By The Act

Sitters (as in babysitters), secondary school students working at their schools, newspaper carriers who attend school and work 15 hours a week or less and persons receiving financial assistance from the government who participate in certain government-sponsored employment programs.

For more information please go to their website or give them a call.

Human Rights

The Human Rights Act prohibits discrimination in employment advertisements and hiring on the basis of race, colour, ancestry, place of origin, political belief, religion, marital status, family status, physical or mental disability, sex (including pregnancy), sexual orientation, age or criminal conviction unrelated to the employment. For more info. call the BC Council of Human Rights at #1-800-663-0876.

False Representations

An employer may not try to hire a person by misrepresenting that a job is available, the type of work to be done, or the terms of employment.

No Charge For Hiring

An employer may not ask for or receive payment from a person in return for hiring that person. An employer may not accept payment from a third party to hire a person.

For Your Information

An employer must pay you for anytime that you work in their business. This means that if they ask you to come in on a "trial" basis to see if you would be good for the job they MUST pay you for that time. Know your rights.

Employment Agencies

An employment agency may not charge a person for obtaining work for that person or for providing information about employers seeking employees.

Child Employment

An employer wishing to hire a person under 15 years of age must apply for prior approval from the Branch and receive permission from the child's parent or guardian.

Domestic Workers

A domestic is an employee who resides and works at an employer's residence, providing cooking, cleaning, or child care services. Domestics are fully covered by the Act, including hours of work and overtime. Anyone hiring a domomestic worker must provide the worker with a written contract setting out the terms of employment. These terms must include the job duties, hours of work, wages and charges for room and board. (Room and board charges cannot be more an $325 a month).

Minimum Wages

As of October 1, 1995, the minimum hourly wage in BC is $7.00.

Paydays

All employees must be paid at least twice a month. All money earned in a pay period must be paid within 8 days after the end of the pay period except annual vacation pay and wages credited to an employee's time bank. A pay period cannot be longer than 16 days.

If An Employee Is Fired

An employee must be paid in full within 48 hours after being fired or terminated. If an employee resigns or quits, he or she must be paid in full within 6 days. If an employee cannot be located, the employer must pay the wages to the Branch within 60 days and the Branch holds the money in trust for the employee.

Forms Of Payment

Wages must be paid in cash, by cheque, bank draft or money order or by direct deposit into an employee's bank account.

Wage Deductions

Employers can only take money off of an employee's check if the deductions are required or permitted by the Employment Standards Act. (That would be things like unemployment insurance, pensions and taxes) They cannot take any other deductions off an employee's check unless they have the employee's written permission.

Hours-of-Work Notices

An employer must post notices saying when work starts and ends, when each shift starts and ends, and when meal breaks will occur. These notices must be posted where thay can be read by all employees.

For Your Information

If you work in a retail store or some other business that opens in the morning and requires time for opening procedures your boss must pay you from the moment they require you to be there. For example: if the store opens at 9:30 am and you boss says you have to be there at 9:15 am to turn everything on and get the cash register ready, they must pay you from 9:15 am to the time that you leave, not from the time the store opens to the time that it closes. Know your rights.

Shift Changes

An employer must give an employee 24 hours notice of a change in shift unless the change in shift results in the employee receiving overtime.

Meal Breaks

After working 5 hours in a row, you are entitled to a half-hour meal break. An employee who is required to work or be available for work during a meal break must be paid for the break. In other words, if you aren't allowed to leave your place of work on your break or if your break is interupted by you having to help a customer, you must get paid for your break.

Minimum Daily Pay

An employee who starts work must be paid for at least 4 hours, even if they work less than 4 hours. However, if work is stopped for reasons completely beyond your boss' control (for example unsuitable weater conditions), the employee must instead be paid for what they worked plus 2 hours.

A school student who starts work on a school day must be paid for at least 2 hours. On a non-school day, a student who starts work must be paid for at least 4 hours.

Hours Free From Work

An employee must have at least 32 hours in a row free from work each week. If an employee works during this period, their boss must pay them double time for the hours worked. An employee is also entitled to have 8 hours off between shifts unless the employee is required to work because of an emergency.

Statutory Holidays in BC

There are 9 statutory holidays in BC, they are:

New Year's Day

Good Friday

Victoria Day

Canada Day

British Columbia Day

Labour Day

Thanksgiving Day

Remembrance Day

Christmas Day

 

Easter Sunday, Easter Monday and Boxing Day are not statutory holidays.

 

 

Eligibility

Once an employee has worked at their job for 30 calendar days, they are entitled to statutory holidays with pay.

 

 

Statutory Holiday Pay

An employee who has a regular schedule of hours who has worked at least 15 of 30 calendar days prior to a statutory holiday is entitled to a regular day's pay for the holiday.

 

An employee who has worked irregular hours on at least 15 of the 30 days prior to a statutory holiday is entitled to an average day's pay for the holiday. This amount is calculated by dividing the employee's total wages, excluding overtime, earned in the 30-day period by the number of days worked.

 

An employee who has worked fewer than 15 of the 30 days prior ro a statutory holiday is entitled to pro-rated statutory holiday pay. This amount is calculated by dividing the employee's total wages, excluding overtime, earned in the 30-day period by 15.

 

If an employee is on annual vacation, the employee's vacation days and vacation pay are counted as days worked and wages earned when calculating statutory holiday pay.

 

 

Working On A Statutory Holiday

An eligible employee who works on a statutory holiday must be paid time and a half for the first 11 hours worked, and double time after 11 hours. The employee must also be given an alternate day off with pay.

 

 

Statutory Holiday On A Day Off

Where a statutory holiday falls on a non-working or vacation day for an elegible employee, the employee must be given an alternate day off with pay.

 

 

A pregnant employee is entitled to up to 18 consecutive weeks of unpaid pregnancy leave. This leave may start no earlier than 11 weeks before the expected birth date, and must end no earlier than 6 weeks after the birth date unless the employee requests a shorter period.

 

For more information contact your local Human Resource Development Centre (Unemployment Centre).

 

 

In the first 4 years that you work for a company you are entitled to vacation pay of at least 4 percent of all wages you have been paid in the preceding year. If the fifth and following years, your boss must pay vacation pay of at least 6 percent of all your wages paid in the preceding year.

Vacation pay is payable at least 7 days before the start of your annual vacation.

 

 

If you anre required to wear special clothing, including a uniform or a specific brand of clothing, your boss must provide, clean and maintain it.

 

If your boss and the majority of people you work with agree that employees will clean and maintian the special clthing, your boss must reimburse you for the costs.

 

Your boss must not withhold wages or require a deposit from you for any special clothing they provide.

 

 

Termination Of Employment

 

 

Compensation Eligibility

If an employee is terminated by their employer they are elegible for compenstation based on their length of service calculated on the following formula:

after 3 months' consecutive employment, 1 week's pay

after 1 year, 2 week's pay

after 3 years, 3 week's pay, plus 1 week's pay for each additional year of employment to a maximum of 8 years.

 

 

 

No Compensation Required With Written Notice

No compensation is required if an employer has given you advance written notice of termination equal in weeks to the number of week's pay for which the employee is eligible (see above).

 

 

For Your Information

If you are dismissed for just cause or if your job lasted for a definite term you are not eligible for compensation.

 

 

 

Complaints

 

 

Filing A Complaint

The provisions in the Employment Standards Act apply to all employees who are subject to provincial standards legislation unless they are excluded by regulation.

 

Any person may file a complaint against an employer under the Employment Standards Act. The complaint must be in writing, and be delivered to a Branch office within 6 months after the alleged contravention (that just means whatever you are filing a complaint about must be done within 6 months of losing or leaving your job). Complaint forms are available at any Branch office.

 

For more information contact the Employment Standards Branch at 1-800-663-3316.

 

 

For Your Information

Your boss is required to pay both the fees of the course and your hourly pay for any job orientation, training, meetings or staff meetings they require you to attend. If your boss requires you to attend a course on one of your regular days of you may be eligible for overtime as well. Call 1-800-663-3316 for more information.

You are not required to give notice if you are quitting your job, but employers do appreciate it if you give notice. (And if you want to use them as a reference you will probably want to give them notice so that you stay on their good side). Two weeks notice is the standard in BC.