MECH 3360 - BC Employment Standards

Engineering Economics Lecture 11

True or false. BC law requires you to have a written contract with your boss upon employment.

False, though it is good practice to have one.

Under BC law, employees have the right as a worker to have what?

The right to a meal break, overtime pay, paid holidays, and protection from excessive hours of work.

As of 2023, what is the minimum wage for a worker in BC?

16.75 an hour

What is the rate for overtime work if they exceed 8 hours a day or 40 hours a week?

1.5 times regular pay for extra work.

True or false. If a worker exceeds 12 hours of work in a day, they are compensated with 2 times their regular pay for all the time worked.

True.

Under BC law, your employer is required to pay you how many times per month?

At least two times a month.

Your employer must give you a written pay slip that shows your hours worked, alongside with any deductions your employer has taken. What do these deductions consist of?

Income tax, unemployment insurance, and pensions.

How many days are there in a year where the law says that workers get days off? (Statutory holidays)

There are 11 days in each year.

Statutory holidays are provided under what condition?

That you have worked, full time, for 15 of the 30 days before the holiday.

What is statutory pay? When does it occur? By what factor is your wage multiplied?

Statutory pay is extra pay that occurs when your employer calls you into work on a holiday. Your wage is multiplied by 1.5 for 12 hours of work, then doubled for more than 12 hours.

What is vacation pay? When does it occur? Under what circumstance is this period increased?

Vacation pay is 2 weeks of paid vacation offered after one year of full time work that increases the more you work

True or false? Sick days are covered by the Employment Standards Act in BC.

False. Employers are not required to provide paid sick days.

True or false? Temporary leaves from work are guaranteed and are paid for in full, under BC law.

False. Your employer is mandated to give you your time off, but does not have to pay you for time away.

True or false? You need to provide a 2-weeks notice of your departure to your employer if you plan on quitting.

False. You can quit whenever you like without advance notice UNLESS agreed upon in your contract.

What is the only circumstance where providing advance notice is beneficial?

If you had a good relationship with your employer and need him to be a reference in the future.

True or false? If you are fired with just cause, your employer is not required to provide you with any compensation or final pay.

False. You are not compensated for your dismissal, but your employer must give you your final pay within 48 hours.

Without just cause, your employer will tell you in writing in advance if you are going to be let go. This notice is given to all employees who have been continuously employed for the last three months, but how early they are informed varies wildly. Explain this briefly.

For one year of full time work, your employer must give you a 2 weeks notice. The longer you work, the longer your notice is, up to 8 weeks.

True or false? A two week statutory notice without just cause is not mandatory.

True, but severance pay must be provided based on how long you worked.

The length of statutory notice that is stated under the law represents what?

The minimum amount of notice that an employee may be entitled to.

If an employee does not have an enforceable employment agreement, how are their entitlements governed?

They are typically governed under common law, which depends on many factors and is largely case by case.

Are all jobs covered by the Employment Standards Act? Explain.

No. Even if it applied, only parts of the ESA are enforced.

What do you need in order to be covered by the ESA? What dont you need to be?

You just need to an employee. You dont need to be a Canadian citizen or have a work permit.

What is the time limit that the Employment Standards Branch provides for complaints?

Six months to file, at least six months from their last day of employment, with a six month investigation period.

As of 2021, the Director of Employment Standards had been granted extra powers regarding complaints against employers. Explain what these new powers are.

They now have the power to investigate compliance with the ESA, and stop or postpone the investigation at any time for any reason.

True or false. Children under the age of 14 can be employed.

True, given permission from the DES and the parents.

What must an employer get in order to hire someone within the ages of 14 to 15?

Written consent.

Assuming a critical illness or injury to an employees family member, how much time are they entitled to?

Up to 36 weeks of unpaid leave for children, and up to 16 weeks for adults.

True or false. Employers are not allowed to withhold, deduct, or require employees to pay a portion of their tips.

True, unless it is required by law such as for income tax.

Workers can recover owed wages from their employer under ESA legislation for a period of time. How long is this period of time?

12 months, with the possibility of extending it to 24 months under some circumstances.

True or false. Employers must make available or provide to employees a prescribed form which sets out information about the employees rights.

True