Ch 6 Alyssa *done Flashcards
Employment standards legislation sets out:
minimum terms and conditions of work (hours, OT, holidays, vacay)
t/f: employer cannot exceed minimums set by ESA
F
T/F employee can waive rights
F
t/f ESA covers all employees
F. Most employees. Some are excluded from all or part of the act. ie. professionals, students working for credits or school projects, managerial, supervisors, independent contractors, unionized employees (textbook)
T/F if parties agree, employer is bound by the more generous terms than the ESA sets out
T
BC ESA prohibits employer from withholding/deducting wages payable to employee UNLESS
- obliged to do so by statute
- obliged to do so by court order
3 . recovering cash shortage where individual was only person with access and control - recovering wage advance
Special Wage Rates applicable to:
farm workers
resident caretakers
employees new to workforce w/o previous paid experience and only 500 hours of cumulative paid experience
live in home support workers and camp leaders
truck drivers
newspaper carriers
Maximum hours of work
8 hrs/day, 40/week unless otherwise agreed upon
Free of work
minimum hours an employee must be free of work is 8 consecutive hours between shifts and 32 consecutive hours off for every work week (or else OT pay applies)
T/F. Employers are not required to provide coffee breaks
T
How is OT pay calculated?
On a weekly basis, when employee exceeds 40 hours
Exemptions for OT cover all salaried workers T/F
F. non-managerial salary workers entitled to OT unless otherwise exempt
BC Averaging Agreement
employer and employee agree that EE’s hours of work may be averaged for the purpose of determining the EE’s hours of work with respect to entitlement to wages and OT. Must be in writing, state beginning and expiration, may not be retroactive
vacation time vs. vacation pay
vacation time = weeks per year entitled to employee after they have worked for over 12 months
vacation pay = money payable to employee for vacation after employee has earned it by working for employer for 12 months (4%)
qualifying for holiday pay
employed for at least 30 days and earned wages on 15/30 days preceding the holiday
t/f an employer is required to pay an employee on statutory leave
f
BC 6 types of stat leave
pregnancy, parental, family responsibility, bereavement, jury duty, compassionate care (reservists also in lecture notes)
Pregnancy/Parental leave must be….
consecutive (per individual)
Employees rights during statutory leaves are designed to:
ensure that employees are put in the same positions they would have been if they had not taken a leave, and to ensure no employee suffers negative consequences because he exercises the right to take a statutorily guaranteed leave
Employees rights during a stat leave (list)
right to: reinstatement salary plus increases retain benefits vacation entitlement free from reprisals accrue seniority
If rights infringed, where do you file a complaint?
With director of employment standards at the Employment Standards Branch of the Ministry of Labour and Citizens Services
Time limitation on filing complaints
within 6 months
t/f. An employee cannot file a claim for termination or temination pay AND sue an employer for wrongful dismissal relating to the same termination
T
If director finds a contravention, can issue following orders:
comply with requirement remedy or cease doing some improper acts pay wages to employee post a notice of contravention reinstate or compensate an employee issue other orders
How to appeal decision of director
apply for review of a director’s decision to employment standards tribunal within 21 (served upon party personally) or 30 days (registered mail)
