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==Accepting a job== | ==Accepting a job== | ||
When you accept a job, you enter into a legal agreement with | 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 | 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 | 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. | ||
==BC employment standards== | ==BC employment standards== | ||
In BC there’s a law that protects the rights of workers. It’s called the | 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 | |||
* the minimum | |||
* hours of work and overtime | * hours of work and overtime | ||
* statutory holidays | * vacation and statutory holidays | ||
* certain | * getting time off work if you’re sick and for certain other reasons | ||
* ending employment | * ending employment | ||
The [https://www2.gov.bc.ca/ | We explain key parts of this law shortly. | ||
The [https://www2.gov.bc.ca/employmentstandards 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). | |||
===Most workers are protected by employment standards law=== | ===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. | 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. | 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 | 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 | 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=== | ===Minimum wage=== | ||
Employees are entitled to a '''minimum wage'''. An employer can’t pay an employee less than this wage. As of June 1, 2021, the general minimum wage in BC is $15.20 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. | Both full-time and part-time workers have the right to minimum wage. | ||
===Overtime pay=== | ===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 | 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=== | ===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=== | ===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. | 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. | ||
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 | * New Year's Day | ||
* Family Day | * Family Day | ||
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* Remembrance Day | * Remembrance Day | ||
* Christmas Day | * Christmas Day | ||
Easter Sunday, Easter Monday, National Day for Truth and Reconciliation, 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 in 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=== | ===Leave=== | ||
Employees are entitled to take leaves from work for a range of reasons. | |||
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. | |||
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. | 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. | ||
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. | |||
People’s Law School explains [https://www.peopleslawschool.ca/category/work/time-work/ these and other types of leave]. | |||
==Leaving or losing your job== | ==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=== | ===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 three consecutive months of employment — one week | ||
* after 12 consecutive months of employment — two weeks | * after 12 consecutive months of employment — two weeks | ||
* after three consecutive years — three weeks | * after three consecutive years — three weeks, plus one week for each additional year of employment to a maximum of eight weeks | ||
'''For example | '''For example''': Chui worked in a store for six months. After Christmas, her employer said, "Today is your last day." She gave Chui one week’s extra pay. | ||
An employer | 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 | 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. | ||
People’s Law School has more on [https://www.peopleslawschool.ca/notice-employer-needs-to-give/ what is reasonable notice]. | |||
===Getting fired for "just | ===Getting fired for "just cause"=== | ||
Workers can lose their job without notice or | 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=== | ===Getting laid off=== | ||
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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 '''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 | 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=== | ===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 | 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, it’s a good idea to give plenty of notice that you are quitting. This is especially so 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'''. | |||
People’s Law School has more on your rights [https://www.peopleslawschool.ca/category/work/leaving-job/ if you are leaving a job]. | |||
===Employment insurance (EI)=== | ===Employment insurance (EI)=== | ||
Employment insurance | 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: | There are several types of employment insurance benefits: | ||
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* '''Maternity and parental benefits''' are for those who are pregnant, have recently given birth, are adopting a child, or are caring for a newborn. | * '''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. | * '''Sickness benefits''' are for people who cannot work because of sickness or injury. | ||
* '''Caregiving benefits''' are for people who have to | * '''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 [ | 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. | ||
If you lost your job because you quit or got fired, it will be difficult to get EI benefits. | |||
People’s Law School explains [https://www.peopleslawschool.ca/applying-employment-insurance/ how to apply for EI benefits]. | |||
==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. | |||
People’s Law School has more on [https://www.peopleslawschool.ca/workers-compensation-claim/ workers’ compensation]. | |||
==Discrimination | ===Discrimination at work=== | ||
In Canada, | In Canada, the law protects 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 your | 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 protects 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 more on making a human rights complaint, contact the [https://bchrc.net/ BC Human Rights Clinic]. | |||
= | ===Belonging to a union=== | ||
==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. | 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. | 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 | 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'']. | ||
{{REVIEWED | reviewer = [[People's Law School]], | {{REVIEWED | reviewer = [[People's Law School]], 2022}} | ||
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