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I have considered the information which you have kindly provide and I
advise your mother to immediately contact the Employment Standards Branch
of the Government of British Columbia (the "ESB").
The ESB should be able to assist your mother in recovering any unpaid wages
and in dealing with the taxation issues.
Unfortunately, as your mother had worked for such a short period of she has
very few enforceable rights.
She should have been provided with a written contract.
The ESB is your mothers best option.
Claims and complaints to the ESB must be made within 6 months of the last
day your mother worked, however, my advice is that she contact them
WHAT IS THE COMPLAINT PROCEDURE?
The BRITISH COLUMBIA COUNCIL OF HUMAN RIGHTS reviews the complaint to determine if it should proceed with an investigation.
The investigation includes gathering information from all parties.
If a hearing is required, a notice is sent out with a summary of the investigation. Impartiality is assured at all stages of the process.
For Further Information, please contact:
British Columbia Council of Human Rights
Victoria, B.C. V8V 1X4
or call 387-3710
toll free 1-800-663-0876 08/97
FAIR WORKING CONDITIONS
What is the minimum I must be paid?
$7.60 per hour effective November 1, 2000
$8.00 per hour effective November 1, 2001
In previous years, there was a separate minimum wage for those under 18 years of age. A new law eliminated this difference. There is now only one minimum wage.
What is the minimum age I must be to work?
An employer wishing to hire a person under 15 years of age must apply for prior approval from the Employment Standards Branch and receive permission from the child's parent or guardian. If the child is a student, the Branch generally requires the permission of the child's school. On approval, the Branch will issue a permit setting out the conditions of the child's employment. Application forms are available at Branch offices.
When do I get paid?
At least twice a month. No later than eight days after each pay period.
When do I get paid if I quit my job?
All wages must be paid within six days. If fired or laid off, all wages must be paid within 48 hours.
Can my employer take money from my wages if I accidentally damage something on the job?
No. An employer may only make deductions from an employee's wages without the written agreement of the employee if the deductions are required or permitted by this or another Act of B.C. or Canada. (ie: income tax, Canada Pension Plan, Unemployment Insurance)
What is the minimum I should get paid when I go to work?
An employee who starts work must be paid for at least four hours, even if you work less than four hours. However, if work is suspended for a reason completely beyond the employer's control (weather conditions), the employee must be paid the greater of two hours or the actual time worked.
A school student who starts work on a school day must be paid for at least two hours. On a non-school day, a student who starts work must be paid for at least four hours.
How many hours must I work before I can collect overtime pay?
You must be paid overtime after you have worked more than eight hours a day, or more than forty hours a week. The rate would be 1.5 times your usual pay for each extra hour up to 11 hours per day and 48 hours per week. After that, the rate is double-time.
Do I have a right to a lunch break?
After working five hours in a row, you are entitled to a 30 minute rest period. This time doesn't count as paid work unless you are required to work or be available for work during the meal break. Whether you get a coffee break is up to your employer.
How much warning or notice must I get before I am fired?
If an employee is dismissed for "just cause", an employer is not required to give any notice nor pay compensation. Once you have worked three months in a row, your employer must give you one week written notice or one week wages instead of notice before you can be fired without "just cause". Employees who work longer for an employer would require more compensation or longer written notice.
Information condensed from The Guide to the Employment Standards Act. For Further Information, please contact:
The Employment Standards Branch
Suite 400-3960 Quadra St.
Victoria, B.C. V8V 1X4
call toll-free 1-800-663-3316 08/97
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