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: Jakob Thompson
Block: D

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: Twice the amount of your regular wage.
e. Net Pay: Your pay after deductions.
f. Time and a half: One and a half times your regular pay.
g. Under the Table: When your employer does not ask for your social
insurance number.
h. Variance: When an employer, 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?
A B.C. law that outlines the rights of employees and the responsibilities of
an employer.
3. What is the role of the Employment Standards Branch?
A government office that enforces the law (Employment standards act).
4. What is the phone number and website of the ESB?
1-800-663-3316 or www.labour.gov.bc.ca/esb /1

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.
- Persons receiving financial assistance from the government who
participate in certain government sponsored employment programs.
6. Who are covered by Collective Agreements?
People who belong to unions.
7. What Government issued document must you have in order to be hired in
BC?
A social insurance number.
8. How old must you be to work in BC?
No definite answer. If you are under 12, employers must first get written
permission from the Employment Standards Branch. Your parents or legal
guardians must also agree.
9. Define minimum wage.
The lowest amount of money employers can pay.
10.What is minimum wage in BC?
$10.85
11.Define Minimum Daily pay.
If you are scheduled for more than eight hours work, you must be paid at
least four hours wage.
12.Besides shifts worked, what duties must an employer pay you for.
An employer must pay for orientation, training and meetings.
13.What should be included on your pay cheque?
Agreed upon wage rate, commission, flat or piece rate. Total hours worked
in the pay period, overtime, deductions, gross pay, net pay, hours banked,
and employers name and address.

14.What can an employer deduct from your wages?

Canada pension plan, employment insurance plan, income tax, and courtordered garnishees.
15.Define Special Clothing (p.21). Who pays for the upkeep of this?
Company shirts, uniform, or specific name brands. Your employer must pay
for this.
16.Define Dress Code. Who pays for the upkeep of this?
An Undefined article of clothing that is required for the job. An employee
must pay for this.
17.Describe what work breaks are you entitled to.
Every 5 hours of work you are entitled to a 30 minute work break.
18.What is a split shift?
An unpaid work break during your work day.
When must you be paid overtime?
19.When must you be paid double time?
After 12 hours of work.
20.How is weekly overtime calculated?
After working 40 hours in one week your employer must pay you time and a
half.
21.Do employers have to pay you if you are sick and cannot work?
Only if the company offers sick pay.

22.What vacation time are you entitled to?

After one year at a job you are entitled to 2 weeks of vacation annually.
After working 5 years at a job, you are entitled to 3 weeks.
23.What is vacation pay?

A percentage of the total wages you received in a year. You must get get at
least 4%. After 5 years of work with the same employer you are entitled to
6%.
24.How many statutory holidays are there in BC
10
25.How can you be eligible for stat holiday pay?
- If youve been employed for at least 30 calendar days before the stat
holiday
- Worked or earned wages for 15 of 30 days berfore the stat holiday; or
- Worked under an averaging agreement any times in the 30 days before the
stat holiday
26.How does the ESA protect you if you take an unpaid leave?
Your employer is not allowed to terminate you for taking unpaid leave. You
must also get back your old job or a similar job in regards of salary
27.Name 6 unpaid leaves which are covered by the ESA?
Parental leave, Parental or pregnancy leave pay, Pregnancy or parental leave
notice, Family responsibility leave, Bereavement leave, Pregnancy leave.
28.What should you do if you feel your working conditions are unsafe?
Identify the unsafe condition and report it immediately to your supervisor or
employer. You can also contact WorkSafeBC.
29.What does the Human Rights Code state about discrimination in the
workplace? What are the protected grounds?
Employers are not allowed to discriminate against Employees in the hiring
process or in the workplace. Protected grounds are: race, colour, 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.
30.What is a layoff and when does it become a termination?

When an employer tells an employee that they must take an unpaid leave
from work. If you are laid off for more than 13 weeks of a 20 week period,
or if the recall period covered by a collective agreement is exceeded, the
layoff becomes a termination.
31.Does an employer need to provide a reason to fire you?
No
32.What are you entitled to if you are terminated without notice?
- 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
33.What is a T4?
A form that is required in order to do your income tax.
34.What are the disadvantages of working under the table?
You are ineligible for employment insurance benefits, you may not be
covered by the Workers Compensation Act, and if you are injured you will
not have legal recourse.

35.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. Make and keep your own record of the incident. Mark
down the date and time, who was present, and a description of where and
how the incident took place.
It is also a good idea to have someone you trust to talk with about any
problems on the job. This might be a family member, friend, co-worker, or
your work experience coordinator. They may be able to help you get more
information. You may want them to go with you if you decide to make a
formal complaint to a government agency.
Try to talk to your employer to solve any problems. If your employer will
not listen to you and you think he or she has broken the law, talk it over with

someone you trust. You can also contact the Employment Standards Branch
for information before deciding to make a complaint.
36.What is the purpose of the Employment Standards Self-help Kit?
To assist employees and employers to resolve problems among
themselves; some exceptions apply.