Difference between revisions of "Working in BC"

{{REVIEWEDPLS | reviewer = [[People's Law School]]|date= February 2023}}{{Learning about the Law Wikibook TOC}}{{Law-Related ESL Badge  

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

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.  

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

* 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 [https://www2.gov.bc.ca/gov/content/employment-business/employment-standards-advice/employment-standards gov.bc.ca/employmentstandards].

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.  

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

Employers are not required to provide coffee breaks.  

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.  

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.  

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.  

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

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.  

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.  

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.  

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:

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 [http://bchrc.net/ bchrc.net].

| 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

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''.  

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 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.  

| image = [[File:Headshot_-_Learning_about_the_Law_-_Aiden_-_2023.png|link=]]

| 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

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/ peopleslawschool.ca].  

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.

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.  

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.

Workers can quit a job at any time. However, they generally must give notice ahead of time, to give the employer a reasonable time to adjust to their departure. The amount of notice depends on factors like the worker’s responsibilities, salary, and length of service. For more junior workers, two weeks notice is common.  

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

There are several types of employment insurance benefits:  

To apply for EI benefits, you need to fill out an application for EI at a Service Canada office at [https://www.canada.ca/en/employment-social-development/corporate/portfolio/service-canada.html servicecanada.gc.ca] 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]. 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.