British Columbia Newcomers'
Guide to Resources and Services

Working

In this chapter:

• Laws about working
• Getting paid
• Losing your job
• Getting hurt at work
• Discrimination

Laws about working

In British Columbia, there is a law to protect most workers. This law is called the Employment Standards Act. Both workers and employers have responsibilities under this Act.

If your employer is not obeying these laws, talk to them. If you belong to a union, talk to someone in your union as well. If you still have a problem, phone the Employment Standards Branch. If you are an employer, it is important for you to obey the laws of the Employment Standards Act.

For information about the Employment Standards Act, look in the Blue Pages of the telephone book. Find the Government of British Columbia section. Look under "Employment Standards Act." In Vancouver, the general inquiries number is 604 775-1974. Elsewhere the number is 1 800 663-3316. Website: http://www.gov.bc.ca/sdl/

Hours of work and overtime

Workers in British Columbia usually work eight hours a day and 40 hours a week. If your employer asks you to work more than this, he must pay you more money. This is called "overtime" pay. It is at least 1.5 times your hourly pay.

What if you get to work and there isn't any work to do? The employer must pay you for two hours of work. What if you work only a short time? Then the employer must pay you for two hours of work. Students under 18 years old must be paid for at least two hours if they work on a school day.

Time off

After working for five hours, your employer has to give you a 30-minute break. The employer does not have to pay you for this time. If you work a split shift, the time between when you start work in the day and the time you stop work cannot be more than 12 hours.

You must have 32 consecutive hours free from work each week. If your employer asks you to work during the 32 hours, they must pay you two times your hourly pay. This is called "double time."

Getting paid

Most workers get paid by cheque every two weeks. Your employer must give you a pay slip with every cheque.

Deductions

The law says that the employer must deduct money from your pay cheque to pay for the following:

• Canada Pension Plan (CPP) – You pay money into this plan each month that you work. When you retire, you may receive a pension from the government.
• Employment Insurance (EI) – You pay money into this plan each month that you work. If you lose your job, you may receive money from the government while you look for a new job.
• Income tax – This money helps to pay the costs of government expenses, such as health care and education.
• Taxable benefits – Your employer may provide some benefits (for example, group life insurance plan, medical premiums, dental plan or pension plan) which are considered taxable benefits by Revenue Canada. The value of these benefits is deducted from your pay cheque.
• Union dues – If you are in a union, and the union has an agreement with your employer, some money will be deducted to pay for the union dues.
• Voluntary deductions – Your employer may deduct additional amounts for things that you have given your permission to deduct. For example, you may have chosen additional hospital or life insurance coverage, may make charitable donations, or purchase Canada Savings Bonds through deductions from your pay cheque.

Minimum wage

As of November 1st, 2001, the minimum wage in British Columbia is $8.00 per hour. Both full-time and part-time workers get at least the minimum wage. If you have never had a job before, your employer can pay you $6.00 per hour for your first 500 hours of work. Once you reach 500 hours, you must be paid at least the minimum wage of $8.00 per hour.

Children and work

Children under 15 years old may not work during school hours. To hire them when they are not in school, their employer must get a permit of employment from the Employment Standards Branch. But children are allowed to do small jobs after school, such as babysitting or delivering newspapers, without a permit.

Joining a union

A union is a group of employees who join together to talk about wages and working conditions with the employer. Everyone has the right to belong to a union at work. In some jobs, all employees must join the union.

If you have a problem with your employer, tell someone in the union. That person will speak to the employer about your problem. For more information about unions, contact the B.C. Federation of Labour. They are located at 5118 Joyce Street, 2nd floor, Vancouver, B.C. V5R 4H1. Call 604 430-1421. Website: http://www.bcfed.com

Vacations

All workers must get at least two weeks of paid vacation every year. If you leave your job before you take your vacation, your employer must give you some extra money, called vacation pay. It is at least four per cent of your earnings.

Holidays

In British Columbia, employers must give workers the following statutory holidays:

• New Year's Day (January 1st)
• Good Friday (the Friday before Easter Sunday)
• Victoria Day (Monday before May 24th)
• Canada Day (July 1st)
• B.C. Day (first Monday in August)
• Labour Day (first Monday in September)
• Thanksgiving (second Monday in October)
• Remembrance Day (November 11th)
• Christmas Day (December 25th)
• Boxing Day (December 26th)

If you work on any of these days, your employer must pay you overtime pay or give you other days off. Contact the Employment Standards Branch for more information.

Maternity leave

A working pregnant woman may take 17 weeks maternity leave from work without pay, which can start up to 11 weeks before the delivery of the baby. She may also take up to 35 weeks of parental leave after the baby is born. This maternity and parental leave can total 52 weeks off work. She may apply for money from Employment Insurance (EI) during her maternity leave. The father or adoptive parents may also take up to 37 weeks of parental leave.

Losing your job

If you are laid off, and you have worked for at least three months, your employer must pay you one week's pay, or give you one week's notice of the layoff. If you have worked for a year, your employer must pay you two week's pay, or give you two weeks notice of the layoff. If you have worked three years or more, you must receive more weeks of pay or notice.

If your employer dismisses you for just cause, (i.e. serious misconduct, or other serious breach of your duties), the employer does not have to give you notice or pay you extra.

If you feel that your employer has dismissed you unfairly, you can file a complaint with the Employment Standards Branch.

When you leave a full-time job, your employer must give you a Record of Employment. You need this paper to apply for Employment Insurance. You may not be able to get Employment Insurance (EI) if you are fired or if you quit your job.

Employment Insurance

Employment Insurance (EI) is money the government gives to someone who loses a job. When you work, a small amount of money is deducted from your pay cheque each month. Then, if you are laid off, you may get money to live on while you are looking for a new job.

You must have worked a certain number of weeks to get EI. You may not get EI if you are fired, or if you quit your job. You can find out more about EI at the Human Resources Development Centre nearest you.

Getting hurt at work

The Workers' Compensation Board (WCB) helps workers who are injured at work. Workers who cannot work because they got hurt or sick at work may get money from WCB. Employers pay for WCB coverage. If you have an accident at work, talk to your supervisor right away.

Workers and employers can call the WCB for advice and information. Look in the Blue Pages of the telephone book in the Government of British Columbia section under "Workers' Compensation." The numbers for workers to call are 604 273-2266 (in the Lower Mainland) and 1-800-661-2112 (elsewhere in B.C.). Employers can call 604 713-0303 (in the Lower Mainland) and 1-800-925-2233 (elsewhere in B.C.). Website: http://www.labour.gov.bc.ca/eao

Discrimination

There are laws to protect workers from discrimination. For example, employers must hire employees on the basis of qualifications. They cannot refuse to hire you because of your religion, skin colour, sex, age, marital status, disability, or sexual orientation.

Sometimes other workers discriminate against you or call you racist or offensive names. This is called harassment and it is against the law. Sometimes other workers may treat you badly because you are a woman. This is called sexual harassment. It is also against the law. If you have a discrimination problem, talk to your union, the B.C. Human Rights Coalition, the B.C. Human Rights Commission/Tribunal, or the Canadian Human Rights Commission (see the listing at the end of the chapter on "Finding a Place to Live").

Go to next page: Chapter 9, Cars and Driving

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