BC Employment Standards Know About Your Rights Learning

BC Employment Standards Know About Your Rights!

Learning Objectives BASIC DEFINITIONS DEDUCTIONS REGULAR WAGES HOURS OF WORK STATUTORY HOLIDAY PAID AND UNPAID LEAVE TERMINATION Career Paths for Skilled Immigrants Back in Motion Rehab Inc.

Basic Definitions § Who is an employee? § Who is an employer? § What is work? Skills Connect for Immigrants Program Back in Motion Rehab Inc.

Basic Standards Employment Contract • Minimum wage • Annual vacations and other types of leave • Public (statutory) holidays • Hours of work Career Paths for Skilled Immigrants Back in Motion Rehab Inc. Employment Standard

Federally Regulated Industries Banks Ferry and port services Air transportation, including airports, and airlines Railway and road transportation Canals, pipelines, tunnels Telephone, and cable systems Radio and television broadcasting Grain elevators, feed/seed mills Most federal crown corporations Private businesses necessary to the operation of a federal act Businesses dealing with the protection of fisheries as a natural resource Many First Nation activities Career Paths for Skilled Immigrants Back in Motion Rehab Inc.

Workplace Rights § Human Rights § Employment Standards § Unions & Labour Relations § Safety Standards Career Paths for Skilled Immigrants Back in Motion Rehab Inc.

Video § Overview of the British Columbia Employment Standards Branch Career Paths for Skilled Immigrants Back in Motion Rehab Inc.

Employment Contract Job Information Compensation and benefits Time off, sick days and vacation policy The schedule and employment period Termination terms and conditions Career Paths for Skilled Immigrants Back in Motion Rehab Inc.

Regular Wages § June 1, 2019 – $13. 85 per hour § June 1, 2020 – $14. 60 per hour § June 1, 2021 – $15. 20 per hour Liquor Servers: June 1, 2019 – $12. 70 per hour June 1, 2020 – $13. 95 per hour June 1, 2021 – $15. 20 per hour https: //www 2. gov. bc. ca/gov/content/employment-business/employment-standards-advice/employmentstandards/wages/minimum-wage Career Paths for Skilled Immigrants Back in Motion Rehab Inc.

Regular Wages Deductions: § Income Tax – BC § Income Tax – Federal § Employment Insurance § Canadian Pension Plan Career Paths for Skilled Immigrants Back in Motion Rehab Inc.

Employment Insurance § Employment Insurance (EI) provides Regular Benefits to individuals who lose their jobs through no fault of their own, are available for and able to work, but can't find a job Some instances could be due to: o shortage of work, o seasonal or mass layoffs Career Paths for Skilled Immigrants Back in Motion Rehab Inc.

Hours of Work Standard Hours of Work 8 hours/day or 40 hours/week Standard Work Week Monday – Friday Meal Break - Lunch 0. 5 hours Not Paid Coffee Break Not mandatory Overtime Work Pay X 1. 5 or x 2 – conditions apply Career Paths for Skilled Immigrants Back in Motion Rehab Inc.

Hours of Work - Overtime § Daily overtime: Regular Time: 8 hours Overtime 4 hours More Overtime !! 2 hours Regular pay rate: $15. 00 OT 1 pay rate: $15 x 1. 5= $ 22. 5 OT 2 pay rate $15 x 2 = $30 8 x $15=$ 120. 00 4 x $22. 5= $90. 00 2 hours x $30=$60. 00 Total Pay for hours worked 8 am to 10 pm $90+$60=$270. 00 Career Paths for Skilled Immigrants Back in Motion Rehab Inc.

Hours of Work - Overtime § Weekly overtime: Sun Mon Tues Wed Thurs Fri Sat Pay : Hours worked 8 7 8 8 7 7 Scheduled hours 8 7 8 8 7 2 40 hrs x $15. 00 = $600 x 1. 5 0 0 0 5 5 hrs x $22. 50 = $112. 5 x 2 0 0 0 Career Paths for Skilled Immigrants Back in Motion Rehab Inc.

Exercise 1 Sun Hours Mon Tues Wed Thurs 8 10 6 13 Fri Regular 11/2 X 2 X Answer the questions below: § Total hours worked in the week: § Hours paid at regular: § Hours paid at time-and-a-half: § Hours paid at double time: Career Paths for Skilled Immigrants Back in Motion Rehab Inc. Sat

How many statutory holidays in BC?

Statutory Holidays There are 10 statutory holidays in BC 1. New Years Day 6. BC Day 2. Family Day 7. Labour Day 3. Good Friday 8. Thanksgiving Day 4. Victoria Day 9. Remembrance Day 5. Canada Day 10. Christmas Day Please note that Easter Sunday, Easter Monday and Boxing Day are NOT statutory holidays! Career Paths for Skilled Immigrants Back in Motion Rehab Inc.

Statutory Holidays Regular day’s pay: $15 x 8 hrs. = $120. 00 Statutory holiday pay: 1. 5 x first 12 hours: $22. 5 x 8 hrs. = $180. 00 Total earned: $120+$180 = $300. 00 Career Paths for Skilled Immigrants Back in Motion Rehab Inc.

Annual Vacation = time off with pay • Eligible after 1 year of employment • 1 - 5 years of employment: 2 weeks • 5 + years of employment: 3 weeks Vacation Pay 1 – 5 years 5+ years Career Paths for Skilled Immigrants Back in Motion Rehab Inc. 4% 6%

Example: Jane completes her first year of work at a new job on February 28, 2020. She earns $20/hour. She is thinking of taking two weeks off in July. Before she goes on vacation, her employer would pay her the vacation pay she earned over the previous year – 4% of their gross earnings from March 1, 2019 to February 28, 2020. The vacation pay is added to their gross wages for 2020. Jane would not receive any regular wages for the two weeks that she is on vacation. Career Paths for Skilled Immigrants Back in Motion Rehab Inc.

Vacation Pay for Jane • If cashed in: Vacation Pay $20 x 40 x 1. 04 = $832 and zero paid vacation days • If vacation taken: 2 weeks of paid vacation days. While on vacation, Jane would receive Regular Pay $20 x 40 = $800 Career Paths for Skilled Immigrants Back in Motion Rehab Inc.

Unpaid Leave from Work Employers are required to grant employees the following periods of unpaid leave from employment. Career Paths for Skilled Immigrants

Pregnancy & Parental Leave Pregnancy § Up to 17 weeks § Plus 6 more weeks Parental § Up to 35 or 37 weeks Career Paths for Skilled Immigrants Back in Motion Rehab Inc.

BCES – Parental Leave (cont’d) § Up to 37 weeks Please note: 4 weeks written notice! Career Paths for Skilled Immigrants Back in Motion Rehab Inc.

Family Responsibility Leave § Up to 5 days of unpaid leave § Reasons: • Care for children • Medical appointments • Care/health of immediate family Immediate family: mother & father children spouse Career Paths for Skilled Immigrants Back in Motion Rehab Inc.

Other Unpaid Leaves • Compassionate Care Leave • Bereavement Leave • Jury Duty Career Paths for Skilled Immigrants Back in Motion Rehab Inc.

Unpaid Leave - Duties An employee needs to let their employer know: § When they need to take their leave § Why they need to take the leave During the leave § Employees’ employment is considered continuous Returning to work § The employer must contact the employee to arrange the employee’s return to work. Career Paths for Skilled Immigrants Back in Motion Rehab Inc.

Quitting the Job Employees can quit their job at any time, with no notice • Give notice • Work with your employer to find replacement • Leave work on good terms • Consider taking unpaid time off instead Ma go y no t ve rnm qua en lify f t fi na or nc ial su Career Paths for Skilled Immigrants. Back in Motion Rehab Inc. pp ort s

Getting Fired • After three months – one week; • After 12 months – two weeks; • After three years – one week for each completed year of employment, to a maximum of eight weeks. Career Paths for Skilled Immigrants Back in Motion Rehab Inc.

Compensation No compensation is required when an employee quits, retires or is terminated for just cause. It is up to the employer to show termination was for just cause. An employer must pay all wages owing to an employee within 6 days after the employee terminates the employment. An employer must pay all wages owing to an employee within 48 hours after the employer terminates the employment. Career Paths for Skilled Immigrants Back in Motion Rehab Inc.

Being Laid Off § Layoffs are temporary § Benefits and entitlements are protected § Employees must agree to be laid off § Limited time: about up to 3 months in 5 months. Career Paths for Skilled Immigrants Back in Motion Rehab Inc.

Resolving Disputes 1. Get informed 2. File a complaint 3. Complaint resolution 4. Decision is made 5. Appeal a decision Career Paths for Skilled Immigrants Back in Motion Rehab Inc.

Health and Safety of Employees

Work. Safe BC § To make a claim for injury or occupational disease. § To complain about the employer's response to a health and safety concern. § You have general - "what if? " - questions about workers compensation law and/or Work. Safe. BC policies. Part 3 – Rights and Responsibilities Career Paths for Skilled Immigrants Back in Motion Rehab Inc.

Workplace Safety • Workers' Advisers Office - independent from Work. Safe BC provides free advice and assistance to workers and their dependants on disagreements they may have with Work. Safe. BC decisions. • Work. Safe BC – is a fault-free worker insurance, whose mandate includes prevention of occupational injury and occupational disease; they also deal with any bullying and harassment in the workplace complaints • BC Human Rights Tribunal - resolves claims of discrimination and harassment brought under the Human Rights Code Career Paths for Skilled Immigrants Back in Motion Rehab Inc.

Personal Characteristics Protected in the BC Human Rights Code § Age § Conviction § Political belief § Ancestry § Family Status § Race § Gender Expression § Race, ancestry, colour, and place of origin § Sexual Orientation § Gender Identity § Source of income § Religion § Mental Disability § Colour § Physical Disability § Criminal § Place of Origin § Sex § Marital Status Career Paths for Skilled Immigrants Back in Motion Rehab Inc.

Video & Other Resources: § Hours of Work and Overtime in BC § Termination of Employment § Guide-to-the-employment-standards-act § Work. Safe BC Career Paths for Skilled Immigrants Back in Motion Rehab Inc.

Employment Standards Branch § Employment Standards webpage • Start a complaint • By phone: 1 -833 -236 -3700 Monday through Friday, 7: 30 am to 5: 00 pm • By mail: PO Box 9570 Stn Prov Govt Victoria, BC V 8 W 9 K 1 Career Paths for Skilled Immigrants Back in Motion Rehab Inc.