Difference between revisions of "Working in BC"

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Your employment contract might take the form of a written agreement you sign. Or it could be expressed in other ways. For example, it could be made up in part by a letter or email you receive from your employer before you start working, and in part by terms in an office policy manual or staff handbook.
Your employment contract might take the form of a written agreement you sign. Or it could be expressed in other ways. For example, it could be made up in part by a letter or email you receive from your employer before you start working, and in part by terms in an office policy manual or staff handbook.
See the People’s Law School website for more on the [https://www.peopleslawschool.ca/everyday-legal-problems/work/rights-work/employment-contract employment contract].
See the People’s Law School website for more on the [https://www.peopleslawschool.ca/everyday-legal-problems/work/rights-work/employment-contract employment contract].


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But not everyone is covered by this law. The Act excludes some types of workers. For example, it doesn’t cover those working in certain licensed professions (such as architects, veterinarians and lawyers). It doesn’t cover babysitters or students working at their school or in work-study programs.  
But not everyone is covered by this law. The Act excludes some types of workers. For example, it doesn’t cover those working in certain licensed professions (such as architects, veterinarians 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.  
As well, '''independent contractors''' aren’t covered. Unlike employees, independent contractors are hired by the employer to perform a <span class="noglossary">service</span> . 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.  
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.  
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===Minimum wage===
===Minimum wage===
Workers covered by BC’s employment standards law are entitled to a '''minimum wage'''. This is the lowest amount of money an employer can pay a worker. As of June 1, 2019, the general minimum wage in BC is $13.85 per hour. Special minimum wage rates apply for some jobs, such as liquor servers and farm workers who pick crops by hand. The rates change from time to time.
Workers covered by BC’s employment standards law are entitled to a '''minimum wage'''. This is the lowest amount of money an employer can pay a worker. As of June 1, 2020, the general minimum wage in BC is $14.60 per hour. Special minimum wage rates apply for some jobs, such as liquor servers and 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.
Both full-time and part-time workers have the right to minimum wage.
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If you’re covered by BC’s employment standards law, you can enter into an '''averaging agreement''' with your employer. In effect, an averaging agreement allows your employer to compress your regularly scheduled work week into fewer, longer work days without paying the usual overtime.
If you’re covered by BC’s employment standards law, you can enter into an '''averaging agreement''' with your employer. In effect, an averaging agreement allows your employer to compress your regularly scheduled work week 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.
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 <span class="noglossary">case</span>, 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. See the People’s Law School website for more on [https://www.peopleslawschool.ca/everyday-legal-problems/work/getting-paid/hours-work-and-working-overtime averaging agreements].
Averaging agreements can be complicated. See the People’s Law School website for more on [https://www.peopleslawschool.ca/everyday-legal-problems/work/getting-paid/hours-work-and-working-overtime averaging agreements].
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See the People’s Law School website for more on [https://www.peopleslawschool.ca/everyday-legal-problems/work/getting-paid/hours-work-and-working-overtime overtime pay].
See the People’s Law School website for more on [https://www.peopleslawschool.ca/everyday-legal-problems/work/getting-paid/hours-work-and-working-overtime overtime pay].


===Meal break===
===Minimum daily pay===
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
If you’re covered by BC’s employment standards law and you come to work as your employer asks you to, 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.
breaks.
 
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.
 
See the People’s Law School website for more on [https://www.peopleslawschool.ca/everyday-legal-problems/work/getting-paid/hours-work-and-working-overtime minimum daily pay].
 
===Meal breaks===
If you’re covered by BC’s employment standards law, 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. 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===
See the People’s Law School website for more on [https://www.peopleslawschool.ca/everyday-legal-problems/work/getting-paid/hours-work-and-working-overtime meal breaks].
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:
===Statutory holidays===
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. If you are covered by the Act, here’s how the statutory holiday rules work.  


*New Year's Day
Normally, on a statutory holiday you take the day off work but you still get paid. The statutory holidays in BC are:
*Family Day
* New Year's Day
*Good Friday
* Family Day
*Victoria Day
* Good Friday
*Canada Day
* Victoria Day
*British Columbia Day
* Canada Day
*Labour Day
* British Columbia Day
*Thanksgiving Day
* Labour Day
*Remembrance Day
* Thanksgiving Day
*Christmas 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.
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:
To get paid for the statutory holiday, you must:
* have been employed for at least 30 calendar days, and
* have worked on at least 15 of the 30 days before the statutory holiday.


*have been employed for at least 30 calendar days, and
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.
*have worked on at least 15 of the 30 days before the statutory holiday.


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.
There are different payment rules which apply if you are required to work on a statutory holiday. See the People’s Law School website for more on [https://www.peopleslawschool.ca/everyday-legal-problems/work/getting-paid/working-statutory-holiday your rights if you work on a statutory holiday].


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 at [http://www.labour.gov.bc.ca/esb www.labour.gov.bc.ca/esb].
===Vacation===
If you’re covered by BC’s employment standards law, here’s how the rules around vacations work.


===Vacation pay===
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.
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.
If you leave your job before you use up your vacation, your employer still has to pay you for that unused vacation time.


==Losing your job==
See the People’s Law School website for more on [https://www.peopleslawschool.ca/everyday-legal-problems/work/time-work/taking-vacation your rights to taking a vacation].
The BC ''Employment Standards Act'' does not remove an employer's right to ''terminate'' a worker.


===Notice requirements===
===Leave===
The Act requires that workers who  are terminated are entitled to receive written notice or compensation based on length of <span class="noglossary">service</span>:
====Maternity leave====
Under BC’s employment standards law (for workers covered by this law), expectant mothers 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.
*after three consecutive months of employment – one week's pay,
 
*after 12 consecutive months of employment – two weeks' pay, and
Maternity leave can begin up to 13 weeks before the expected birth date. After the 17 weeks, the birth mother may be able to extend the leave for six more weeks for reasons related to the pregnancy.
*after three consecutive years – three weeks' pay, plus one week's pay for each additional year of employment to a maximum of eight weeks.
 
An employer can’t fire a worker 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.


:'''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.
Workers who take maternity leave can apply for employment insurance benefits. Maternity benefits are paid at up to 55% of the worker’s earnings (capped at a maximum amount per week) for up to 15 weeks.


The employer is not required to pay compensation if a worker is given <span class="noglossary">advance</span> written notice of termination equal to the number of weeks for which the worker is eligible. This notice must be in writing.
See the People’s Law School website for more on [https://www.peopleslawschool.ca/everyday-legal-problems/work/time-work/taking-time-have-or-parent-child maternity leave]. The information also explains '''parental leave''', where any parent covered by employment standards law is entitled to a period of unpaid leave from work when their child is born or adopted.


You may be entitled to more than these minimum requirements, because the notice you get must be “reasonable.” Whether you are entitled to the minimum or a larger amount will also depend on your employment contract.
====Illness or injury leave====
A worker is entitled to three days of unpaid leave if they can’t work due to personal illness or injury.


===Getting fired for "just <span class="noglossary">cause</span>"===
See the People’s Law School website for more on [https://www.peopleslawschool.ca/everyday-legal-problems/work/time-work/taking-sick-days illness or injury leave].
Workers can lose their job without notice or compensation if they do something seriously wrong. This is called being fired for “just <span class="noglossary">cause</span>.” Examples of when an employer might have just <span class="noglossary">cause</span> to fire a worker are if the worker is dishonest about something important, steals from the employer, or repeatedly breaches a clear workplace policy or rule.


===Getting laid off===
====Family responsibility leave====
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 worker is entitled to up to five days of unpaid leave during each employment year to meet responsibilities related to the care, health or education of an immediate family member.


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.
See the People’s Law School website for more on [https://www.peopleslawschool.ca/everyday-legal-problems/work/time-work/taking-time-personal-or-family-reasons family responsibility leave].
====Bereavement leave====
A worker is entitled to up to three days of unpaid leave on the death of a member of the worker's immediate family.  


If the layoff is permanent and your employment has ended, the employer must give you compensation.
See the People’s Law School website for more on [https://www.peopleslawschool.ca/everyday-legal-problems/work/time-work/taking-time-personal-or-family-reasons bereavement leave].


==Quitting your job==
==Leaving or losing your job==
[[File:Workerwithboxes.jpg | right | frame | link=| <span style="font-size:60%;">Copyright www.shutterstock.com</span>]]
The BC ''Employment Standards Act'' does not eliminate an employer's right to fire a worker.


Workers 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''.
===Notice requirements===
The Act says that workers who are fired are entitled to receive written notice or compensation based on length of <span class="noglossary">service</span>:
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''.
* 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.


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.
'''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.


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 [http://www.labour.gov.bc.ca/esb/esaguide www.labour.gov.bc.ca/esb/esaguide].
An employer is not required to pay compensation if a worker is given <span class="noglossary">advance</span> written notice of termination equal to the number of weeks for which the worker is eligible. This notice must be in writing.


==Leave==
You may be entitled to more than these minimum requirements, because the notice you get must be “reasonable.” Whether you are entitled to the minimum or a larger amount will also depend on your employment contract.
===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 can begin up to 13 weeks before the expected birth date. After the 17 weeks, she may be able to extend the leave for six more weeks for reasons related to the pregnancy.
See the People’s Law School website for more on [https://www.peopleslawschool.ca/everyday-legal-problems/work/getting-fired-or-laid/how-much-notice-employer-needs-give-you notice requirements].


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.
===Getting fired for "just <span class="noglossary">cause</span>"===
Workers can lose their job without notice or compensation if they do something seriously wrong. This is called being fired for “just <span class="noglossary">cause</span>.” Examples of when an employer might have just cause to fire a worker are if the worker is dishonest about something important, steals from the employer, or repeatedly breaches a clear workplace policy or rule.


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.
See the People’s Law School website for more on [https://www.peopleslawschool.ca/everyday-legal-problems/work/getting-fired-or-laid/if-you-are-fired being fired for just cause].


===Family responsibility leave===
===Getting laid off===
A worker is entitled to up to five days of unpaid leave during each employment year to meet responsibilities related to the care, health or education of an immediate family member.
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.


===Bereavement leave===
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.
A worker is entitled to up to three days of unpaid leave on the death of a member of the worker's immediate family.  


For more information on leaves read the "Leaves Factsheet" on the Employment Standards website at [http://www.labour.gov.bc.ca/esb/facshts/leave.htm www.labour.gov.bc.ca/esb].
If the layoff is permanent and your employment has ended, the employer must give you compensation.


==Belonging to a union==
See the People’s Law School website for more on [https://www.peopleslawschool.ca/everyday-legal-problems/work/getting-fired-or-laid/getting-temporarily-laid getting temporarily laid off].


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.
===Quitting your job===
Workers can quit a job at any time. However, they must give notice ahead of time if they plan to do so. Two weeks of notice is considered customary.  


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 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.


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.
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.


There are some rules for unions. The rules say what unions can and can’t do. In BC, this law is called the ''[http://canlii.ca/t/844z Labour Relations Code]''.
See the People’s Law School website for more on [https://www.peopleslawschool.ca/everyday-legal-problems/work/leaving-job/if-you-quit-your-job your rights around quitting your job].


==Getting hurt on the job==
==Getting hurt on the job==
[[File:Doctorwithclipboard.jpg | right | frame | link=| <span style="font-size:60%;">Copyright www.shutterstock.com</span>]]
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.
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.
 
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.
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. The WorkSafeBC website is at [http://www.worksafebc.com worksafebc.com].
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. The WorkSafeBC website is at [https://www.worksafebc.com/en worksafebc.com].


==Employment Insurance (EI)==
===Employment insurance (EI)===
''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.
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.
EI is meant to help workers when they lose their jobs, or need time off work.
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You have to work a certain number of weeks before you can apply for benefits.
You have to work a certain number of weeks before you can apply for benefits.


There are several types of Employment Insurance benefits:
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 provide care or support to a family member who is critically ill or injured or requires end-of-life care.


*Regular benefits are for people who lose their jobs through no fault of their own.
To apply for EI benefits, you need to fill out an application for EI at a [http://www.servicecanada.gc.ca/tbsc-fsco/sc-hme.jsp Service Canada Centre] or online at [https://www.canada.ca/en/services/benefits/ei.html?utm_source=Vanity%20URL%20%E2%80%93%20print&utm_medium=Offline&utm_content=July%202014%2C%20Eng&utm_campaign=EI%20program%20-%20Canada.ca%20benefit%20statement%20July%202014 canada.ca/ei].  
*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 provide care or support to 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 Centre or online at [http://canada.ca/ei canada.ca/ei].
Call your local Service Canada Centre to find out if you need to make an appointment. You can reach Service Canada at 1-800-622-6232 (toll-free). They might ask you for your postal code to find out which office you should go to.
 
:'''Service Canada Centre'''
:Vancouver: 1-800-622-6232
:[http://www.servicecanada.ca 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:
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.


*your Social Insurance Card and proof of your immigration status,
If you do not speak English or French, take someone who can translate for you.
*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.


:'''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.
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.


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. The federal government website also provides details at [http://www.canada.ca/ei canada.ca/ei].
See the People’s Law School website for more on [https://www.peopleslawschool.ca/everyday-legal-problems/work/getting-fired-or-laid/applying-employment-insurance employment insurance benefits].


==Discrimination in employment==
==Discrimination in employment==
[[File:Fingersonkeyboard.jpg | right | frame | link=| <span style="font-size:60%;">Copyright www.shutterstock.com</span>]]
In Canada, there are laws to protect workers from discrimination. For example, an employer is expected to hire workers on the basis of skills, experience and education needed for the job.
In Canada, there are laws to protect workers from discrimination. For example, 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 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 <span class="noglossary">disability</span>, or because you have a criminal record for an offence that is unrelated to the job you are applying for.
It is discrimination if an employer doesn't give you 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.
 
There are also laws to protect you against discrimination while you are on the job.  


There are also laws to protect you against discrimination while you are on the job.
See the People’s Law School website for more on [https://www.peopleslawschool.ca/everyday-legal-problems/work/rights-work/if-youre-discriminated-against-work your right to be protected from discrimination at work].  


===British Columbia Human Rights Code===
===British Columbia human rights code===
The BC ''[http://canlii.ca/t/843q 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.
The BC ''[https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-210/latest/rsbc-1996-c-210.html 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.


To make a complaint under the Code about discrimination in the workplace, the following must usually be true:
To make a complaint under the Code about discrimination in the workplace, the following must usually be true:
* you have been singled out and treated differently and poorly, compared to others, and
*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.
*you are being treated differently and poorly because of a personal characteristic, such as your race, colour, religious belief, gender, mental or physical <span class="noglossary">disability</span>, or sexual orientation.
 
For information about the ''Human Rights Code'', you can <span class="noglossary">contact</span> the BC Human Rights Clinic at 1-855-685-6222 (toll-free). Or, you can visit their website at [https://bchrc.net/ bchrc.net].
 
===Where do you file a complaint?===
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.
 
You can <span class="noglossary">contact</span> the Tribunal at 1-888-440-8844 (toll-free) or visit their website at [http://www.bchrt.bc.ca/index.htm bchrt.bc.ca].


For information about the ''Human Rights Code'' and how to file a human rights complaint, you can <span class="noglossary">contact</span> the BC Human Rights Clinic.
===How do you file a complaint?===
To file a complaint you need to get a complaint form, fill it out, and file it with the tribunal within one year of the incident. These materials are available online at [http://www.bchrt.bc.ca/index.htm bchrt.bc.ca].


:'''BC Human Rights Clinic'''
See the People’s Law School website for [https://www.peopleslawschool.ca/everyday-legal-problems/work/rights-work/if-youre-discriminated-against-work step-by-step guidance on how to file a human rights complaint].  
:300 - 1140 West Pender Street
:Vancouver BC V6E 4G1
:[http://www.bchrc.net/ bchrc.net]


===Where do you file a complaint?===
==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.


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.
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'''.


:'''BC Human Rights Tribunal'''
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.
:Vancouver: 604-775-2000
:Toll-free: 1-888-440-8844
:[http://www.bchrt.bc.ca bchrt.bc.ca]


===How do you file a complaint?===
There are some rules for unions. The rules say what unions can and can’t do. In BC, this law is called the ''[https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-244/latest/rsbc-1996-c-244.html Labour Relations Code]''.
To file a complaint you need to get a complaint form, fill it out, and file it with the tribunal within one year of the incident. These materials are available online at [http://www.bchrt.bc.ca bchrt.bc.ca].





Revision as of 22:35, 1 June 2020

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

Accepting a job[edit]

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

The employment contract will typically set out things like how much vacation you get, any paid 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 expressed in other ways. For example, it could be made up in part by a letter or email you receive from your employer before you start working, and in part by terms in an office policy manual or staff handbook.

See the People’s Law School website for more on the employment contract.

BC employment standards[edit]

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:

  • certain aspects of hiring
  • the minimum wage rate
  • hours of work and overtime
  • statutory holidays (and pay)
  • certain leaves of absence (including maternity and parental leave)
  • annual vacation (and pay)
  • 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 1-800-663-3316 (toll-free).

Most workers are protected by employment standards law[edit]

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. The Act excludes some types of workers. For example, it doesn’t cover those working in certain licensed professions (such as architects, veterinarians 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.

See the People’s Law School website for more on who is covered by BC’s employment standards law.

Minimum wage[edit]

Workers covered by BC’s employment standards law are entitled to a minimum wage. This is the lowest amount of money an employer can pay a worker. As of June 1, 2020, the general minimum wage in BC is $14.60 per hour. Special minimum wage rates apply for some jobs, such as liquor servers and 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.

See the People’s Law School website for more on the minimum wage in BC.

Hours of work[edit]

Workers covered by BC’s employment standards law 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. This is explained below.)

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.

See the People’s Law School website for more information on hours of work and working overtime.

Averaging agreements[edit]

If you’re covered by BC’s employment standards law, you can enter into an averaging agreement with your employer. In effect, an averaging agreement allows your employer to compress your regularly scheduled work week 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. See the People’s Law School website for more on averaging agreements.

Overtime pay[edit]

If you are covered by BC’s employment standards law, here’s how the overtime rules work.

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.

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

See the People’s Law School website for more on overtime pay.

Minimum daily pay[edit]

If you’re covered by BC’s employment standards law and you come to work as your employer asks you to, 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.

See the People’s Law School website for more on minimum daily pay.

Meal breaks[edit]

If you’re covered by BC’s employment standards law, 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. 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.

See the People’s Law School website for more on meal breaks.

Statutory holidays[edit]

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. If you are covered by the Act, here’s how the statutory holiday rules work.

Normally, on a statutory holiday you take the day off work but you still get paid. The statutory holidays in BC are:

  • New Year's Day
  • Family 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, though many employers will offer employees a day off with pay on those dates.

To get paid for the statutory holiday, you must:

  • have been employed for at least 30 calendar days, and
  • have worked on at least 15 of the 30 days before the statutory holiday.

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.

There are different payment rules which apply if you are required to work on a statutory holiday. See the People’s Law School website for more on your rights if you work on a statutory holiday.

Vacation[edit]

If you’re covered by BC’s employment standards law, here’s how the rules around vacations work.

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.

See the People’s Law School website for more on your rights to taking a vacation.

Leave[edit]

Maternity leave[edit]

Under BC’s employment standards law (for workers covered by this law), expectant mothers 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.

Maternity leave can begin up to 13 weeks before the expected birth date. After the 17 weeks, the birth mother may be able to extend the leave for six more weeks for reasons related to the pregnancy.

An employer can’t fire a worker 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.

Workers who take maternity leave can apply for employment insurance benefits. Maternity benefits are paid at up to 55% of the worker’s earnings (capped at a maximum amount per week) for up to 15 weeks.

See the People’s Law School website for more on maternity leave. The information also explains parental leave, where any parent covered by employment standards law is entitled to a period of unpaid leave from work when their child is born or adopted.

Illness or injury leave[edit]

A worker is entitled to three days of unpaid leave if they can’t work due to personal illness or injury.

See the People’s Law School website for more on illness or injury leave.

Family responsibility leave[edit]

A worker is entitled to up to five days of unpaid leave during each employment year to meet responsibilities related to the care, health or education of an immediate family member.

See the People’s Law School website for more on family responsibility leave.

Bereavement leave[edit]

A worker is entitled to up to three days of unpaid leave on the death of a member of the worker's immediate family.

See the People’s Law School website for more on bereavement leave.

Leaving or losing your job[edit]

The BC Employment Standards Act does not eliminate an employer's right to fire a worker.

Notice requirements[edit]

The Act says that workers who are fired are entitled to receive written notice or compensation based on length of service:

  • 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.

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.

An employer is not required to pay compensation if a worker is given advance written notice of termination equal to the number of weeks for which the worker is eligible. This notice must be in writing.

You may be entitled to more than these minimum requirements, because the notice you get must be “reasonable.” Whether you are entitled to the minimum or a larger amount will also depend on your employment contract.

See the People’s Law School website for more on notice requirements.

Getting fired for "just cause"[edit]

Workers can lose their job without notice or compensation 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 a worker are if the worker is dishonest about something important, steals from the employer, or repeatedly breaches a clear workplace policy or rule.

See the People’s Law School website for more on being fired for just cause.

Getting laid off[edit]

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 compensation.

See the People’s Law School website for more on getting temporarily laid off.

Quitting your job[edit]

Workers can quit a job at any time. However, they must give notice ahead of time if they plan to do so. Two weeks of notice is considered customary.

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.

See the People’s Law School website for more on your rights around quitting your job.

Getting hurt on the job[edit]

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.

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. The WorkSafeBC website is at worksafebc.com.

Employment insurance (EI)[edit]

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.

You have to work a certain number of weeks before you can apply for benefits.

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 provide care or support to 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 Centre or online at canada.ca/ei.

Call your local Service Canada Centre to find out if you need to make an appointment. You can reach Service Canada at 1-800-622-6232 (toll-free). 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.

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.

See the People’s Law School website for more on employment insurance benefits.

Discrimination in employment[edit]

In Canada, there are laws to protect workers from discrimination. For example, 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 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.

There are also laws to protect you against discrimination while you are on the job.

See the People’s Law School website for more on your right to be protected from discrimination at work.

British Columbia human rights code[edit]

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.

To make a complaint under the Code about discrimination in the workplace, the following must usually be true:

  • 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, you can contact the BC Human Rights Clinic at 1-855-685-6222 (toll-free). Or, you can visit their website at bchrc.net.

Where do you file a complaint?[edit]

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.

You can contact the Tribunal at 1-888-440-8844 (toll-free) or visit their website at bchrt.bc.ca.

How do you file a complaint?[edit]

To file a complaint you need to get a complaint form, fill it out, and file it with the tribunal within one year of the incident. These materials are available online at bchrt.bc.ca.

See the People’s Law School website for step-by-step guidance on how to file a human rights complaint.

Belonging to a union[edit]

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.

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.


This information applies to British Columbia, Canada. Last reviewed for legal accuracy by People's Law School, 2019.


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