Working in BC: Difference between revisions

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{{DEMOWARNING}}
{{REVIEWEDPLS | reviewer = [[People's Law School]]|date= February 2023}}{{Learning about the Law Wikibook TOC}}{{Law-Related ESL Badge
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|lessonname= Working in BC Lesson Module}}
In BC, many laws apply to the workplace. This chapter looks at laws that deal with:
This section looks at laws that apply to the workplace in British Columbia.  
*Minimum wage
{{PLSTipsbox
*Hours of work
| text = For updated and in-depth coverage of the laws that apply to workers in BC, visit [https://www.peopleslawschool.ca/category/work/ peopleslawschool.ca]. 
*Overtime pay
}}
*Work breaks
==Accepting a job==
*Vacation pay
[[File:Learning about the Law - Working in BC.jpg|thumb|275px|right| link=| <span style="font-size:50%;">Image via www.istock.com</span>]]
*Pregnancy and parental leave
*Losing your job
*Quitting your job
*Getting hurt on the job
*Belonging to a union
*Preventing discrimination in the workplace
 
These laws come from several sources including:
*BC Employment Standards Act
*BC Labour Relations Code
*BC Human Rights Code
*BC Workers Compensation Act
*Employment Insurance Act of Canada


==BC Employment Standards==
When you accept a job, you enter into a legal agreement with the employer. This is called your '''employment contract'''. Your employer agrees to pay you a wage in return for your work.
In BC there is a law to protect you and your basic rights as a worker. It is called the Employment Standards Act. This law protects most workers.


The Employment Standards Act and Regulations set minimum standards for working conditions in most workplaces in British Columbia and governs:
The employment contract typically sets out other details as well. For example, things like how much vacation you get, how many sick days you can take, and the rules around '''overtime'''.
*certain aspects of hiring,
*the minimum wage rate,
*hours of work and overtime,
*statutory holidays (and pay),
*certain leaves of absence(including pregnancy leave),
*annual vacation (and pay), and
*ending employment.
[[File: LAL-Book3-Pg4C|200px|Thumb|right]]
The Employment Standards Branch is responsible for labour  and  employment  law in the province, including the BC Employment Standards Act and Employment Standards Regulations.


Farm workers are protected by some but not all sections of the Employment Standards Act. The Act excludes veterinarians, lawyers, babysitters and students.
Your employment contract might take the form of a written agreement you sign. Or it could be in a letter or email you receive from the employer before you start working. It could even be partly in an office policy manual or staff handbook.


A collective agreement between an employer and a union may replace certain sections for unionized employees. For more information, contact the Employment Standards Branch.
==Rights at work==


The Employment Standards Branch has  a range of useful information materials about the Employment Standards Act. For more information, contact:
In BC there’s a law that protects the rights of workers. It’s called the [https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-113/latest/rsbc-1996-c-113.html ''Employment Standards Act'']. This law sets minimum standards for working conditions. It covers:  
* the minimum amount a worker can be paid
* hours of work and overtime
* vacation and statutory holidays
* getting time off work if you’re sick and for certain other reasons
* ending employment


'''Employment Standards Branch'''<br>
We explain key parts of this law shortly.  
1-800-663-3316 <br>
[http://www.labour.gov.bc.ca/esb www.labour.gov.bc.ca/esb/esaguide]<br>


'''Ministry of Jobs, Tourism & Skills Training and Responsible for Labour'''<br>
The Employment Standards Branch administers this law. This is a government office that helps workers and employers resolve problems. The branch can be reached at 1-800-236-3700 (toll-free) and found online at [https://www2.gov.bc.ca/employmentstandards gov.bc.ca/employmentstandards].
[http://www.gov.bc.ca/jtst www.gov.bc.ca/jtst ]


===Accepting a job===
===Most workers are protected by employment standards law===
When you accept a job, you enter into a legal agreement (or contract) with your employer. Your employer agrees to pay you a salary and provide other benefits and entitlements in return for your work.
The ''Employment Standards Act'' applies to '''employees'''. The definition of who is an employee is very broad. It’s intended to cover as many work relationships as possible.


===Minimum wage===
But not everyone is covered by this law. Some types of workers are not included. For example, it doesn’t cover those working in certain licensed professions (such as architects and lawyers). It doesn’t cover babysitters or students working at their school or in work-study programs.  
There is a minimum wage law for most jobs. Each province sets a minimum wage, which is the lowest amount of money the employer may pay you for your work. In 2013, the minimum wage in BC is $10.25 per hour except for liquor servers, who receive a minimum wage of $9.00 per hour. The rates change from time to time.
Both full-time and part-time workers have the right to minimum wage. You can find information on the Employment Standards Branch website:<br>
[http://www.labour.gov.bc.ca/esb www.labour.gov.bc.ca/esb]


===Hours of work===
As well, '''independent contractors''' aren’t covered. Unlike employees, independent contractors are hired by the employer to perform a service. They are in business for themselves.
Unless you have an averaging agreement with your employer (described in the next paragraph), your employer must pay you overtime after eight hours of work in one day, or more than 40 regular hours in one week.


If you agree, your employer may establish a “time bank” in which your overtime entitlement would be saved up and paid out at a later date. For more information, read the section called “Overtime Pay” or access the factsheet on the Employment Standards Branch website: <br>
Some workers are covered by parts of the Act but not all of it. For example, farm workers are protected by some but not all sections of the Act.  
[http://www.labour.gov.bc.ca/esb www.labour.gov.bc.ca/esb]


===Averaging agreements===
===Minimum wage===
Under an averaging agreement, you and your employer can enter into a written agreement that allows your employer to schedule your working time in a way that better meets the employer’s needs.
Employees are entitled to a '''minimum wage'''. An employer can’t pay an employee less than this wage. As of June 1, 2022, the general minimum wage in BC is $15.65 per hour. Special minimum wage rates apply for some jobs, such as farm workers who pick crops by hand. The rates change from time to time.
 
In effect, an averaging agreement allows your employer to compress your regularly scheduled workweek into fewer, longer work days without paying the usual overtime.
To use a simple example: If you usually work 40 hours a week, on average, under a one-week averaging agreement, your employer could schedule you to work for 10 hours a day for the four busiest days of work. In this case, your 40- hour, five-day work week has been “averaged” to fit into four days of 10 hours each. No overtime is paid for the 10-hour days.


Averaging  agreements  can  be  complicated. To find out more contact the Employment Standards Branch or read the fact sheet on averaging agreements on the Employment Standards Branch website at: <br>
Both full-time and part-time workers have the right to minimum wage.  
[http://www.labour.gov.bc.ca/esb www.labour.gov.bc.ca/esb]


===Overtime pay===
===Overtime pay===
Generally, your employer must pay you overtime:
Employees are entitled to '''overtime''' wages if they work more than eight hours per day or 40 hours per week. (There is one exception: if they agree to average their hours. The employer can then compress the work week into fewer, longer work days without paying the usual overtime.)


*when you have no averaging agreement with your employer, and you are required to work more than 8 hours in a day or more than 40 hours in a week; or
The amount of overtime pay depends on the number of extra hours an employee works.  
*when you do have an averaging agreement with your employer, and your employer asks you to work more hours in a day than you agreed to in the averaging agreement.


The amount of overtime pay you get depends on the number of extra hours you work. You must be paid overtime after eight hours of work in one day. Your employer must pay you one-and-a-half times your regular pay for each hour you work after eight hours. This is called time-and-a-half.
After eight hours of work in one day, the employer must pay one-and-a-half times your regular pay for each extra hour you work. This is called '''time-and-a-half'''.


Your employer must pay you two times your regular pay for each hour you work after 12 hours. This is called double-time.
After 12 hours, your employer must pay two times your regular pay for each additional hour you work. This is called '''double-time'''.


The Employment Standards Branch website has more information about the complicated overtime rules: <br>
===Meal breaks===
[http://www.labour.gov.bc.ca/esb www.labour.gov.bc.ca/esb]
Your employer mustn’t allow you to work more than five consecutive hours without a meal break. Each meal break must be at least half an hour long.  


===Minimum daily pay===
Employers are not required to provide coffee breaks.  
If you come to work as your employer asks you to do, you must be paid for at least two hours at
your regular wage, even if you work less. If you have an averaging agreement and you agreed to work more than eight hours in a day, you must be paid for at least four hours, even if you work less.


If you come to work but you are unfit to work because for example you have been drinking or because you forgot your safety equipment, your employer does not need to pay you minimum daily pay.
===Statutory holidays===
There are eleven public holidays in BC. They are called '''statutory holidays''' because the ''Employment Standards Act'' says they are holidays. Statute is another name for a law made by the government.  


===Meal break===
On statutory holidays, employees are entitled to the day off with pay, or to extra pay for working on the holiday.  
You can work for five hours without a break. After five hours, your employer has to give you a break of at least 30 minutes. An employer who requires an employee to work or be available for work during a meal break must count the meal break as time worked by the employee. Employers are not required to provide coffee
breaks.


===Holidays you get paid for===
The statutory holidays in BC are New Year’s Day, Family Day, Good Friday, Victoria Day, Canada Day, British Columbia Day, Labour Day, National Day for Truth and Reconciliation, Thanksgiving Day, Remembrance Day, and Christmas Day.  
There are ten public holidays in BC.  They are called statutory holidays because the Employment Standards Act says they are holidays. Statute is another name for a law made by the government.


Normally, on a statutory holiday, you take the day off work but you still get paid. The statutory holidays are:
Easter Sunday, Easter Monday, and Boxing Day are not statutory holidays, though many employers will offer employees a day off with pay on those dates.


*New Year’s Day
===Vacation===
*Family Day
As an employee, after your first 12 months on the job, the employer has to give you at least two weeks paid vacation every year. If you’ve worked for the same employer for five years or more, your employer has to give you at least three weeks paid vacation every year.  
*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, though many employers will offer employees a day off with pay on those dates.


To get paid for the statutory holiday, you must:
These vacation minimums are in addition to statutory holidays.


*have been employed for at least 30 calendar days, and
===Leave===
*have worked on at least 15 of the 30 days before the statutory holiday.
Employees are entitled to take leaves from work for a range of reasons.  


If you work under an averaging agreement any time in the 30 days before the statutory holiday, you automatically have the right to the statutory holiday.
People who are expecting to give birth are entitled to 17 weeks off work, without pay, to have their baby. This is called '''maternity leave'''. It’s also sometimes referred to as pregnancy leave.


There are different payment rules which apply if you are required to work on a statutory holiday. The Employment Standards Branch website has information about this: www.labour.gov.bc.ca/ esb.
An employer can’t fire a worker because they are pregnant. And when they return to work, they must get back their old job or a similar job for at least the same pay.  


===Vacation pay===
Any parent is entitled to a period of unpaid '''parental leave''' from work when their child is born or adopted.
After your first 12 months of employment, employers have to give you at least two weeks paid vacation every year. If you have worked for the same employer for five years or more, your employer has to give you three weeks paid vacation every year. Usually you must take your vacation within 12 months of earning it. You may take it in periods of one or more weeks. Statutory holidays are in addition to annual vacation.


If you leave your job before you use up your vacation, your employer still has to pay you for that unused vacation time.
An employee is entitled to '''sick leave'''. Over the course of a year, you’re entitled to at least five days of paid sick leave and three days of unpaid leave if you can’t work due to personal illness or injury.  


===Losing your job===
There is also a '''family responsibility leave'''. This allows you up to five days of unpaid leave to help with the care, health or education of an immediate family member.
If you work for an employer for three months or less, he or she can let you go without giving you notice or extra pay. If you work more than three months, the employer must give you notice in writing before your job ends or must pay you compensation.  The amount of notice
or compensation depends on how long you worked for the employer but is usually no more than 8 weeks.


For example: Chui worked in a large store for four months. After Christmas, her employer said, “Today is your last day.” She gave Chui one week’s extra pay.
==Safety at work==
===Getting hurt on the job===
Sometimes workers get hurt or sick on the job. '''Workers' compensation''' is a program that helps.


Sometimes an employer does not have enough work for the employees or does not have money to pay the bills. The employer might lay off the employees for a few weeks.
[https://www.worksafebc.com/ WorkSafeBC] runs this program. They make safety rules and send inspectors to workplaces to check if they are safe. Employers pay for this protection. There is no cost to workers.  


A layoff is usually temporary. The employer doesn’t have to tell you ahead of time. If the layoff lasts longer than 13 weeks in a 20-week period, it means your employment has ended.
Workers who can’t work because of an accident at work or illness may get money from the workers' compensation program. If a worker dies at work, the family may get compensation.


If the layoff is permanent and your employment has ended, the employer must give you compensation.
===Discrimination at work===
In Canada, the law helps protect workers from '''discrimination'''.  


Employees can lose their job without notice or compensation for stealing from an employer, repeat lateness or harassing another employee.
An employer is expected to hire workers on the basis of skills, experience and education needed for the job. It is discrimination if an employer doesn't give you a job because of any of these personal characteristics:
* your race, colour, ancestry, Indigenous identity, or place of origin
* your age
* your sex, sexual orientation, or gender identity or expression
* your marital or family status
* your political belief or religion
* any physical or mental disability
* any criminal convictions that are unrelated to the job


==Quitting your job==
The law also helps protect you against discrimination while you are on the job. This might take the form of being treated differently or poorly, compared to others, because of one of the personal characteristics listed above.  
Employees can quit a job any time. It is usual to give your employer notice that you are quitting. Two weeks of notice is considered customary but is not required by the Employment Standards Act.
If you can, giving plenty of notice that you are quitting is a good idea especially if you want your employer to give a good report about you when you apply for another job. This is called giving a reference.


It is important to note that if you quit your job, or if you are fired for misconduct, you will usually not be eligible to receive employment insurance (EI) benefits.
If an employer discriminates against you, you can make a complaint to the [http://www.bchrt.bc.ca/ Human Rights Tribunal]. For help with making a complaint, contact the BC Human Rights Clinic at [http://bchrc.net/ bchrc.net].


You can find out more about the laws about working in BC by looking at the Guide to the Employment Standards Act. This guide is online at: <br>
{{PLSStorybox
[http://www.labour.gov.bc.ca/esb/esaguide www.labour.gov.bc.ca/esb/esaguide].
| image = [[File:Headshot_-_Learning_about_the_Law_-_Jasmine_-_2023.png|link=]]
 
| text      = ”I felt ready to take on more at work. I applied for a supervisor position. My employer told me it would be ‘too much for a woman to handle.’ I was shocked by the blatant discrimination. I’m considering a human rights complaint.”  <br>– Jasmine, Richmond, BC
==Leave==
}}
===Pregnancy leave===
A working pregnant woman has legal rights. For example, she can take up to 17 weeks off work without pay. This is called pregnancy leave.
 
Pregnancy leave begins no earlier than 11 weeks before the expected birth date and no later than the actual birth date.
 
Pregnancy leave ends no earlier than 6 weeks after the actual birth date, unless the employee requests a shorter period, and no later than 17 weeks after the actual birth date.
 
An employer can’t fire a woman because she is pregnant. And when she returns to work, she must get back her old job or a similar job for at least the same pay.
 
A working pregnant woman  can apply  for money from Employment Insurance during her pregnancy. There are rules about when a woman can apply and how much time she can have. She may be eligible for up to 15 weeks of benefits.
 
===Family responsibility leave===
An employee is entitled to up to 5 days of unpaid leave during each employment year to meet responsibilities related to:
the care, health or education of a child in the employee’s care, or
the care or health of any other member of the employee’s immediate family.
 
===Bereavement leave===
An employee is entitled to up to 3 days of unpaid leave on the death of a member of the employee’s immediate family.
 
Immediate family is identified as a spouse, child, parent, guardian, sibling, grandchild and grandparent of an employee and any person who lives regularly with the employee’s family.
 
For more information on leaves read the Leave fact sheet on the Employment Standards website: <br>
[http://www.labour.gov.bc.ca/esb/facshts/leave.htm www.labour.gov.bc.ca/esb/facshts/leave.htm].
 
==Termination of employment==
The BC Employment Standards Act does not remove an employer’s right to terminate an employee.
 
The Act requires that employees  who  are terminated are entitled to receive written notice or compensation based on length of service.
 
An employee who is terminated may be eligible for compensation based on the following formula:
*after three consecutive months of employment one week’s pay;
*after 12 consecutive months of employment – two weeks’ pay; and
*after three consecutive years – three weeks’ pay, plus one week’s pay for each additional year of employment to a maximum of eight weeks.
 
The employer is not required to pay compensation if an employee is given advance written notice of termination equal to the number of weeks for which the employee is eligible. This notice must be in writing.


==Belonging to a union==
==Belonging to a union==
A union is a group of employees who join together to negotiate wages and working conditions with the employer. Everyone has the right to form a union if most of the employees want a union. Unions are for the protection of employees.
A '''union''' is a group of workers who join together to negotiate wages and working conditions with the employer. Everyone has the right to form a union if most of the workers want a union. Unions are for the protection of workers.


Your union and your employer will talk together. They will decide about pay, vacation time, sick pay, and other benefits. This is called collective bargaining. They will write a contract. This is called a collective agreement.
If you are a member of a union, the union will talk through issues with your employer. Together, they will decide about pay, vacation time, sick leave, and other benefits. This is called collective bargaining. They will write a contract. This is called a '''collective agreement'''.


The collective agreement sets out your rights and working conditions. If you have a problem with your employer, talk to the union. The union will meet with the employer to discuss the concerns.
The collective agreement sets out your rights and working conditions. If you have a problem with your employer, talk to the union. The union will meet with the employer to discuss the concerns.  


There are some rules for unions. The rules say what unions can and can’t do. In BC, this law is called the Labour Relations Code.
There are rules for unions, saying what they can and can’t do. These rules are set out in the [https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-244/latest/rsbc-1996-c-244.html ''Labour Relations Code''].


==Getting hurt on the job==
==Leaving or losing your job==
Sometimes workers get hurt on the job. Workers’ Compensation is a program run by WorkSafeBC. This program helps workers who are injured or get sick because of their work.
Generally speaking, an employer can fire a worker whenever they want as long as they give '''notice of termination'''. The employer can do this in two ways. They can tell the worker ahead of time, or pay them instead.
WorkSafeBC makes safety rules and sends inspectors to most workplaces to check if they are safe. Employers pay for this protection. There is no cost to workers.


Workers who can’t work because of an accident at work or illness may get money from the Workers’ Compensation program. If a worker dies at work, the family may get compensation. Their website is at:<br> [http://www.worksafebc.com www.worksafebc.com]
===Notice requirements===
Under the ''Employment Standards Act'', employees who lose their job are entitled to receive a minimum amount of notice or pay based on length of service:
* after three consecutive months of employment — one week
* after 12 consecutive months of employment — two weeks
* after three consecutive years — three weeks, plus one week for each additional year of employment to a maximum of eight weeks


==Employment insurance (EI)==
An employer can give either advance notice or pay. The notice must be in writing.  
Employment Insurance (EI) is a federal government insurance program that all workers and employers pay into. It is often known just by its initials: EI.


EI is meant to help workers when they lose their jobs, or need time off work.
{{PLSStorybox
 
| image = [[File:Headshot_-_Learning_about_the_Law_-_Aiden_-_2023.png|link=]]
You have to work a certain number of weeks before you can apply for benefits.
| text      = “I worked in a local bookstore for six months. After the holiday season, my employer said she didn’t have enough work for me and had to let me go. She told me today was my last day, and that she would transfer an additional week’s worth of pay to my bank account.” <br>– Aiden, Nanaimo, BC
 
}}
There are several types of Employment Insurance benefits:
 
*Regular Benefits are for people who lose their jobs through no fault of their own.
*Maternity and Parental Benefits are for those who are pregnant, have recently given birth, are adopting a child, or are caring for a newborn.
*Sickness Benefits are for people who cannot work because of sickness or injury.
*Compassionate Care Benefits are for people who have  to provide  care  or  support  to a family member who is gravely ill with a significant risk of death.
 
To apply for EI benefits, you need to fill out an application for EI at a Service Canada Centre or online. At the website, look for “Apply for Employment Insurance Benefits” under “Online Services and Forms.”
 
'''Service Canada Centre''' <br>
Vancouver: 1-800-622-6232 <br>
[http://www.servicecanada.ca www.servicecanada.ca]
 
Call your local Service Canada Centre to find out if you need to make an appointment. They might ask you for your postal code to find out which office you should go to.
 
When you go, you should take:
 
*your social insurance card and proof of your immigration status,
*a second piece of identification, with your photo if possible, like your passport or driver’s licence, and
*your Record of Employment (ROE), if you have it, from every place you worked in the last 12 months.
 
If you do not speak English or French, take someone who can translate for you.


:Note: If you want to get regular EI benefits, be sure to apply as soon as you lose your job. Apply even if you do not yet have your Record of Employment (ROE). If you delay applying for benefits for more than four weeks after your last day of work, you may lose benefits.
You may be entitled to more than these minimum requirements. The notice you get must be '''reasonable''' — unless you have an employment contract that says differently. How much is reasonable depends on factors such as how long you’ve been in the job, the type of job, and your age. For more on what reasonable notice is, see [https://www.peopleslawschool.ca/notice-employer-needs-to-give/ peopleslawschool.ca].


If you lost your job because you quit or got fired, it will be difficult to get EI benefits. Check with your EI office for the number of weeks you need to have worked in your area. Their website is:
===Getting fired for "just <span class="noglossary">cause</span>"===
Workers can lose their job without notice or pay if they do something seriously wrong. This is called being fired for '''just cause'''. Examples of when an employer might have just cause to fire you are if you are dishonest about something important or you steal from the employer.
[http://www.servicecanada.gc.ca/eng/sc/ei/benefits/regular.shtml www.servicecanada.gc.ca/eng/sc/ei/benefits/regular.shtml] <br>


==Discrimination in employment==
===Getting laid off===
In Canada, there are laws to protect workers from discrimination. For example, an employer is expected to hire employees on the basis of skills, experience and education needed for the job.
Sometimes an employer does not have enough work for their workers or does not have money to pay the bills. The employer might lay off the workers for a few weeks.  


It is discrimination if an employer doesn’t give a job because of your gender, age, race, religion, birthplace, sexual orientation (gay, bisexual, or straight), marital  or family  status (single, married, or living common-law), mental or physical disability, or because you have a criminal record for an offence that is unrelated to the job you are applying for.
A '''layoff''' is usually temporary. The employer doesn’t have to tell you ahead of time. If the layoff lasts longer than 13 weeks in a 20-week period, it means your employment has ended.


There are also laws to protect you against discrimination while you are on the job.
If the layoff is permanent and your employment has ended, the employer must give you '''notice of termination'''. That is, they must give you advance notice or pay as described above.


===British Columbia Human Rights Code===
===Quitting your job===
The BC Human Rights Code applies to all businesses, agencies, and services in BC. The Code protects people from discrimination in many areas of daily life, including discrimination in the workplace.
Workers can quit a job at any time. Under BC’s main employment law, there is no legal requirement for a worker to give their employer notice before quitting. But under common law, if you quit your job without providing proper notice, and your employer suffers losses as a result, you may be liable to the employer for those losses. So, generally, it’s not a good idea to walk off the job and quit without notice. Giving notice is especially important if you want your employer to give a good report about your character and abilities when you apply for another job. This is called giving a '''reference'''.


To make a complaint under the Code about discrimination in the workplace, the following must usually be true:
The amount of notice to give depends on factors like the worker’s responsibilities, salary, and length of service. For more junior workers, two weeks notice is common.
*you have been singled out and treated differently and poorly, compared to others; and
*you are being treated differently and poorly because of a personal characteristic, such as your race, colour, religious belief, gender, mental or physical disability, or sexual orientation.


For information about the Human Rights Code and how to file a human rights complaint, you can contact the BC Human Rights Coalition.
===Employment insurance (EI)===
Employment insurance is a federal government program that all workers and employers pay into. It’s often known just by its initials: EI.  


'''BC Human Rights Coalition''' <br>
EI is meant to help workers when they lose their jobs, or need time off work.
1202 – 510 West Hastings Street, Vancouver, BC, V6B 1L8


====Where do you file a complaint?====
There are several types of employment insurance benefits:
The BC Human Rights Tribunal is where  you can make a complaint that someone has discriminated against you  under  the  Code. The tribunal’s job is to resolve human rights complaints in a way that is fair to the person who made the complaint and the person whom the complaint is against.
* '''Regular benefits''' are for people who lose their jobs through no fault of their own.
* '''Maternity and parental benefits''' are for those who are pregnant, have recently given birth, are adopting a child, or are caring for a newborn.
* '''Sickness benefits''' are for people who cannot work because of sickness or injury.
* '''Caregiving benefits''' are for people who have to care or support a family member who is critically ill or injured or requires end-of-life care.


'''BC Human Rights Tribunal''' <br>
To apply for EI benefits, you need to fill out an application for EI at a [https://www.servicecanada.gc.ca/tbsc-fsco/sc-hme.jsp Service Canada office] or [https://canada.ca/ei online]. You have to work a certain number of weeks before you can apply for benefits.
Vancouver: 604-775-2000 <br>
Toll Free: 1-888-440-8844 <br>
[http://www.bchrt.bc.ca www.bchrt.bc.ca]


====How do you file a complaint?====
If you lost your job because you quit or got fired, it may be difficult to get EI benefits.  
To file a complaint you need to get a Complaint Form, fill it out, and file it with the tribunal within six months of the incident. These materials are available online at:<br>
[http://www.bchrt.bc.cau www.bchrt.bc.cau]


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Latest revision as of 21:11, 12 September 2023

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by People's Law School in February 2023.

This section looks at laws that apply to the workplace in British Columbia.

Accepting a job

Image via www.istock.com

When you accept a job, you enter into a legal agreement with the employer. This is called your employment contract. Your employer agrees to pay you a wage in return for your work.

The employment contract typically sets out other details as well. For example, things like how much vacation you get, how many sick days you can take, and the rules around overtime.

Your employment contract might take the form of a written agreement you sign. Or it could be in a letter or email you receive from the employer before you start working. It could even be partly in an office policy manual or staff handbook.

Rights at work

In BC there’s a law that protects the rights of workers. It’s called the Employment Standards Act. This law sets minimum standards for working conditions. It covers:

  • the minimum amount a worker can be paid
  • hours of work and overtime
  • vacation and statutory holidays
  • getting time off work if you’re sick and for certain other reasons
  • ending employment

We explain key parts of this law shortly.

The Employment Standards Branch administers this law. This is a government office that helps workers and employers resolve problems. The branch can be reached at 1-800-236-3700 (toll-free) and found online at gov.bc.ca/employmentstandards.

Most workers are protected by employment standards law

The Employment Standards Act applies to employees. The definition of who is an employee is very broad. It’s intended to cover as many work relationships as possible.

But not everyone is covered by this law. Some types of workers are not included. For example, it doesn’t cover those working in certain licensed professions (such as architects and lawyers). It doesn’t cover babysitters or students working at their school or in work-study programs.

As well, independent contractors aren’t covered. Unlike employees, independent contractors are hired by the employer to perform a service. They are in business for themselves.

Some workers are covered by parts of the Act but not all of it. For example, farm workers are protected by some but not all sections of the Act.

Minimum wage

Employees are entitled to a minimum wage. An employer can’t pay an employee less than this wage. As of June 1, 2022, the general minimum wage in BC is $15.65 per hour. Special minimum wage rates apply for some jobs, such as farm workers who pick crops by hand. The rates change from time to time.

Both full-time and part-time workers have the right to minimum wage.

Overtime pay

Employees are entitled to overtime wages if they work more than eight hours per day or 40 hours per week. (There is one exception: if they agree to average their hours. The employer can then compress the work week into fewer, longer work days without paying the usual overtime.)

The amount of overtime pay depends on the number of extra hours an employee works.

After eight hours of work in one day, the employer must pay one-and-a-half times your regular pay for each extra hour you work. This is called time-and-a-half.

After 12 hours, your employer must pay two times your regular pay for each additional hour you work. This is called double-time.

Meal breaks

Your employer mustn’t allow you to work more than five consecutive hours without a meal break. Each meal break must be at least half an hour long.

Employers are not required to provide coffee breaks.

Statutory holidays

There are eleven public holidays in BC. They are called statutory holidays because the Employment Standards Act says they are holidays. Statute is another name for a law made by the government.

On statutory holidays, employees are entitled to the day off with pay, or to extra pay for working on the holiday.

The statutory holidays in BC are New Year’s Day, Family Day, Good Friday, Victoria Day, Canada Day, British Columbia Day, Labour Day, National Day for Truth and Reconciliation, Thanksgiving Day, Remembrance Day, and Christmas Day.

Easter Sunday, Easter Monday, and Boxing Day are not statutory holidays, though many employers will offer employees a day off with pay on those dates.

Vacation

As an employee, after your first 12 months on the job, the employer has to give you at least two weeks paid vacation every year. If you’ve worked for the same employer for five years or more, your employer has to give you at least three weeks paid vacation every year.

These vacation minimums are in addition to statutory holidays.

Leave

Employees are entitled to take leaves from work for a range of reasons.

People who are expecting to give birth are entitled to 17 weeks off work, without pay, to have their baby. This is called maternity leave. It’s also sometimes referred to as pregnancy leave.

An employer can’t fire a worker because they are pregnant. And when they return to work, they must get back their old job or a similar job for at least the same pay.

Any parent is entitled to a period of unpaid parental leave from work when their child is born or adopted.

An employee is entitled to sick leave. Over the course of a year, you’re entitled to at least five days of paid sick leave and three days of unpaid leave if you can’t work due to personal illness or injury.

There is also a family responsibility leave. This allows you up to five days of unpaid leave to help with the care, health or education of an immediate family member.

Safety at work

Getting hurt on the job

Sometimes workers get hurt or sick on the job. Workers' compensation is a program that helps.

WorkSafeBC runs this program. They make safety rules and send inspectors to workplaces to check if they are safe. Employers pay for this protection. There is no cost to workers.

Workers who can’t work because of an accident at work or illness may get money from the workers' compensation program. If a worker dies at work, the family may get compensation.

Discrimination at work

In Canada, the law helps protect workers from discrimination.

An employer is expected to hire workers on the basis of skills, experience and education needed for the job. It is discrimination if an employer doesn't give you a job because of any of these personal characteristics:

  • your race, colour, ancestry, Indigenous identity, or place of origin
  • your age
  • your sex, sexual orientation, or gender identity or expression
  • your marital or family status
  • your political belief or religion
  • any physical or mental disability
  • any criminal convictions that are unrelated to the job

The law also helps protect you against discrimination while you are on the job. This might take the form of being treated differently or poorly, compared to others, because of one of the personal characteristics listed above.

If an employer discriminates against you, you can make a complaint to the Human Rights Tribunal. For help with making a complaint, contact the BC Human Rights Clinic at bchrc.net.

Belonging to a union

A union is a group of workers who join together to negotiate wages and working conditions with the employer. Everyone has the right to form a union if most of the workers want a union. Unions are for the protection of workers.

If you are a member of a union, the union will talk through issues with your employer. Together, they will decide about pay, vacation time, sick leave, and other benefits. This is called collective bargaining. They will write a contract. This is called a collective agreement.

The collective agreement sets out your rights and working conditions. If you have a problem with your employer, talk to the union. The union will meet with the employer to discuss the concerns.

There are rules for unions, saying what they can and can’t do. These rules are set out in the Labour Relations Code.

Leaving or losing your job

Generally speaking, an employer can fire a worker whenever they want as long as they give notice of termination. The employer can do this in two ways. They can tell the worker ahead of time, or pay them instead.

Notice requirements

Under the Employment Standards Act, employees who lose their job are entitled to receive a minimum amount of notice or pay based on length of service:

  • after three consecutive months of employment — one week
  • after 12 consecutive months of employment — two weeks
  • after three consecutive years — three weeks, plus one week for each additional year of employment to a maximum of eight weeks

An employer can give either advance notice or pay. The notice must be in writing.

You may be entitled to more than these minimum requirements. The notice you get must be reasonable — unless you have an employment contract that says differently. How much is reasonable depends on factors such as how long you’ve been in the job, the type of job, and your age. For more on what reasonable notice is, see peopleslawschool.ca.

Getting fired for "just cause"

Workers can lose their job without notice or pay if they do something seriously wrong. This is called being fired for just cause. Examples of when an employer might have just cause to fire you are if you are dishonest about something important or you steal from the employer.

Getting laid off

Sometimes an employer does not have enough work for their workers or does not have money to pay the bills. The employer might lay off the workers for a few weeks.

A layoff is usually temporary. The employer doesn’t have to tell you ahead of time. If the layoff lasts longer than 13 weeks in a 20-week period, it means your employment has ended.

If the layoff is permanent and your employment has ended, the employer must give you notice of termination. That is, they must give you advance notice or pay as described above.

Quitting your job

Workers can quit a job at any time. Under BC’s main employment law, there is no legal requirement for a worker to give their employer notice before quitting. But under common law, if you quit your job without providing proper notice, and your employer suffers losses as a result, you may be liable to the employer for those losses. So, generally, it’s not a good idea to walk off the job and quit without notice. Giving notice is especially important if you want your employer to give a good report about your character and abilities when you apply for another job. This is called giving a reference.

The amount of notice to give depends on factors like the worker’s responsibilities, salary, and length of service. For more junior workers, two weeks notice is common.

Employment insurance (EI)

Employment insurance is a federal government program that all workers and employers pay into. It’s often known just by its initials: EI.

EI is meant to help workers when they lose their jobs, or need time off work.

There are several types of employment insurance benefits:

  • Regular benefits are for people who lose their jobs through no fault of their own.
  • Maternity and parental benefits are for those who are pregnant, have recently given birth, are adopting a child, or are caring for a newborn.
  • Sickness benefits are for people who cannot work because of sickness or injury.
  • Caregiving benefits are for people who have to care or support a family member who is critically ill or injured or requires end-of-life care.

To apply for EI benefits, you need to fill out an application for EI at a Service Canada office or online. You have to work a certain number of weeks before you can apply for benefits.

If you lost your job because you quit or got fired, it may be difficult to get EI benefits.


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