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Difference between revisions of "Working in BC"

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See the People’s Law School website for more on [https://www.peopleslawschool.ca/everyday-legal-problems/work/rights-work/your-responsibilities-your-employer your responsibilities to your employer].
See the People’s Law School website for more on [https://www.peopleslawschool.ca/everyday-legal-problems/work/rights-work/your-responsibilities-your-employer your responsibilities to your employer].
===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.
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.
===Family responsibility leave===
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.
===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.
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].
==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.
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 ''[http://canlii.ca/t/844z Labour Relations Code]''.


==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.


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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].
 
:'''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.
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:
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 contact the BC Human Rights Clinic at 1-855-685-6222 (toll-free). Or, you can visit their website at [https://bchrc.net/ bchrc.net].  


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.
===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.


:'''BC Human Rights Clinic'''
You can contact the Tribunal at 1-888-440-8844 (toll-free) or visit their website at [http://www.bchrt.bc.ca/index.htm bchrt.bc.ca].
:300 - 1140 West Pender Street
:Vancouver BC V6E 4G1
:[http://www.bchrc.net/ bchrc.net]


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




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