Labour StandardsSCD 401

February 22, 2011

Outline•Hiring•Outsourcing•Hours of work•Payroll•Wages•Special Clothing•Workplace Safety•Rights of foreign workers abroad•Termination of employment

HiringWhen advertising a position

Under the Human Rights Code of Canada

A person may not publish an advertisement that indicates a limitation or preference as to the race, colour, political belief, religion, marital status, mental or physical disability, sex, sexual orientation or age, unless the limitation or preference is based on a legitimate requirement of the position

HiringContract

• When hiring, a contract must be provided stating:

- Duties- Hours of work- Wages- Charges for room and board

HiringFair Hiring

• A person must not refuse to employ a person based on race, colour, ancestry, political belief, religion, marital status, family status, mental or physical disability, sex, sexual orientation, age or whether someone has committed a criminal offense unrelated to the position, unless it is based on a legitimate requirement of the position

HiringEmployment of Children

• Guardian consent under 15•Director of Employment Standards approval under 12 years of age

HiringEmployment of Children

• Guardian consent is needed for children under 15•Director of Employment Standards approval need if employee is under 12 years of age

OutsourcingEmel to add info

Hours of WorkMinimum and Maximum Hours

• Minimum daily hours:- If an employee shows up to work, he must be paid 2 hours at the regular wage unless unfit to work- if an employee is scheduled for 8 hours of work, he must be paid a minimum of 4 hours at the regular rate

Hours of WorkMaximum Hours Before Overtime Applies

•  If an employee works more than 8 hours a day or 40 hours a week, the employer must pay the employee overtime wages an employee will receive double the regular wage if they work over 12 hours

Hours of WorkAgreements to Average Hours of Work

• A written and documented agreement between the employee and the employer can be made, averaging out an employees hours of 1 to 4 weeks to determine the entitlement of an employees over time wages• Comes with concessions

• No excessive hours: An employer must not force or allow an employee to work excessive hours that will be damaging to the employee's safety and health.

Hours of WorkHours free from Work

• Employees have the right to 32 consecutive hours free from work each week or;• Receive a pay of 1 ½ times their regular wage for any time worked in those ''32 hours free from work.'‘;• Employees must receive 8 consecutive hours of rest after working a shift

Hours of WorkOvertime• Banking overtime wages:

• An employee may submit a written request to create a time bank where overtime wages will be credited rather then being paid in the otherwise required time frame.• If the time bank is created, the employee may at any time request to be paid all or part of the overtime wages credited to the bank• The employee may also request to take time off with pay with the credited overtime wages• The employee may request the closing of the time bank at any time whereby the employer will shut it down in 1 months time from the notice date. •The employer must pay the employee all overtime wages credit to the time bank on termination of employment.

Hours of WorkMeal Breaks

• An employee gets a half hour meal break for every 5 hours of work

Hours of WorkHolidays and Vacation

•Entitlement to statutory holidays:• an employee must be employed for a minimum of 30 days before being entitled to a statutory holiday• the employee must have earned wages for 15 of those 30 days prior to the statutory holiday

Hours of WorkHolidays and Vacation (ctd.)

• Statutory holiday pay:• If an employee is given the day off, they must be paid a day's wage and is determined by the formula: amount paid divided by days worked• If the employee works on the statutory holiday they must be paid 1 ½ times the wage for a days work up to 12 hours• The employee must be paid double the regular wage for working more then 12 hours• An employee and and employer can make an agreement in taking off a different day off rather then the statutory holiday 

Hours of WorkHolidays and Vacation (Ctd.)

• Annual Vacation:•an employee is entitled to 2 weeks vacation after 12 consecutive months of employment and 3 weeks after 5 years of employment.

• Vacation pay:• after 5 days of employment, 4% of employee wages during the year goes towards vacation pay. The percentage increases to 6% after 5 years of employment. • An employee may receive their vacation pay either 7 days before their vacation or on their pay checks as requested by the employee.

Hours of WorkLeaves from Work

• Pregnancy Leave:• A pregnant employee who asks for a leave is entitled to 17 consecutive weeks of unpaid leave that may not begin any earlier than 11 weeks before before the birth date • The unpaid leave may not end until 6 weeks after the birth date unless a shorter time period is requested.• An employee who requests leave after the birth of a child or the termination of a pregnancy is granted a 6 weeks unpaid leave.• An employee will be granted an additional 6 consecutive weeks leave for any health reasons regarding the pregnancy or termination that have occurred after the 17 consecutive weeks.

Hours of WorkLeaves from Work (ctd.)

• Parental Leave:• A birth mother that takes pregnancy leave may ask for parental leave for up 35 consecutive weeks of unpaid leave in affect immediately after the pregnancy leave is finished• A birth mother that does not take pregnancy leave may take up to 37 consecutive weeks of unpaid leave between the child's birth and 52 weeks after that date• The same goes for a birth father• Same goes for an adoptive parent though the beginning date is considered to be the placement date• An additional 5 weeks consecutive leave will be granted for parents of children with disabilities

Hours of WorkLeaves from Work (ctd.)

• Family Responsibility Leave:• An employee is entitled 5 days unpaid leave a year when concerning the care of their child or immediate family member 

• Compassionate Care Leave:• An employee may take up to 8 weeks consecutive leave to care for an ill family member. There must be a medical certificate to demonstrate the seriousness of the illness, and that the family member is at risk of death within the next 26 weeks.

Hours of WorkLeaves from Work (ctd.)

• Other leaves include the reservist's leave, someone who is called to duty as part of the Canadian forces reserves, as well as the bereavement leave: 3 unpaid days if an immediate family members dies.

Hours of WorkLeaves from Work (ctd.)

•Jury duty•The employer may not terminate employment because of a leave or change the conditions of employment of the employee who leaves for jury duty or any or leave of absence.

PayrollYou need to register for a payroll account if you:• pay salaries or wages;• pay tips and gratuities;• pay bonuses and vacation pay;• provide benefits and allowances to employees; or• need to report, deduct and remit amounts from other types of remuneration (such as pension or superannuation).

PayrollFirst steps

• Open and maintain a payroll account • Request social insurance numbers (SIN) from all employees• Every employee must have a SIN card to work in Canada

PayrollAuthorizing a Representative

• Can deal with payroll on your behalf:• Employee, accountant, bookkeeper, lawyer, firm

PayrollResponsibilities

• Deducting, remitting and reporting payroll deductions• When hiring an employee• When an employee leaves• If business ceases operation

PayrollKeeping Records

• You have to keep your paper and electronic records for at least six years after the year to which they relate.• Payroll records must:

• be in English,• be kept at the employer's principal place of business in British Columbia• be retained by the employer for 2 years after the employment terminates.

PayrollKeeping Records (ctd.)

• Employer must keep records of the following information for each employee: 

•name, date of birth, occupation, contact info•date employment began•wage rate and gross and net wages•hours worked•benefits paid and deductions•Statutory holidays, annual vacation days•time bank money

PayrollSIN Cards

• As an employer, you have to request SINs from each employee• Under the Canada Pension Plan Regulations, you have to tell your employees how to get a SIN• Refer them to their closest Service Canada Centre 

PayrollPayroll Deductions

• CPP contributions• EI Premiums• Federal, provincial and territorial tax

• CRA website has deduction tables that calculate amounts

PayrollWhen to deduct CPP contributions

•You have to deduct CPP contributions from an employee's pensionable earnings if that employee:

• is 18 or older, but younger than 70;• is in pensionable employment during the year; and• does not receive a CPP or QPP retirement or disability pension.

PayrollAmounts and benefits subject to CPP contributions

• salary, wages, bonuses, commissions, or other remuneration (including payroll advances or earnings advances), wages in lieu of termination notice;• most cash/non-cash taxable benefits and allowances

PayrollEmployment Insurance Premiums

• You have to deduct Employment Insurance (EI) premiums from each dollar of insurable earnings up to the yearly maximum.• You have to deduct EI premiums from an employee's insurable earnings if that employee is in insurable employment during the year.

PayrollEstablishing the number of insurable hours

• Hours of work used to determine entitlement to benefits•. Employers have to keep records.

PayrollEmployees profit sharing plan (EPSP)

•An EPSP allows an employer to share profits with employees• Amounts are paid to a trustee to be held and invested for beneficiaries

WagesWage discrimination

• Under the Human Rights Code (Canada)• Employer may not discriminate or employee an employee at a rate of pay that is less than the rate of pay for another employee of the opposite sex for work that is similar.• Employer is required to recover the difference in pay.

WagesMinimum Wage

• B.C.’s general minimum wage is $8 per hour•The First Job/Entry Level minimum wage is $6 per hour

•Only applies to employees with no paid work experience before November 15, 2001

•Wage in other fields:•Live-in home support is $80•Resident caretakers is $480/month

•Cannot deduct from wage the employees' expenses more than minimum wage

WagesPay

• Have 8 days to pay employee after pay period  • Must pay in Canadian Currency • Must pay by cheque, draft, money order, payable on demand or deposited to the employee's banking account

WagesAssignment of Wages

•Written request of employee may require assignment of wages to be payable to: 

• Trade union • Charitable organization • Insurance company

WagesPayday

•*See Resource List –Employment Standards Act•Wage statements on agreed upon payday must be given with the following:

•the employer's name and address; •the hours worked by the employee;•the employee's wage rate, whether paid hourly, on a salary basis or on a flat rate, piece rate, commission or other incentive basis;•the employee's overtime wage rate;•the hours worked by the employee at the overtime wage rate;•any money, allowance or other payment the employee is entitled to;•he amount of each deduction from the employee's wages and the purpose of each deduction;•if the employee is paid other than by the hour or by salary, how the wages were calculated for the work the employee is paid for;•the employee's gross and net wages;•how much money the employee has taken from the employee's time bank and how much remains.

WagesPayday (ctd.)

•This may be given electronically in a confidential manner •If the above is the same as the previous wage statement, a copy is not needed to be made •Wages must be given within 8 days of every pay period (semi monthly)•A pay period is 16 consecutive days of employment •Overtime hours and vacation pay is not required to be paid within this period

WagesPayroll Records (ctd.)

•Payroll records must:• be in English• be kept at the employer's principal place of business in British Columbia• be retained by the employer for 2 years after the employment terminates.

Special Clothing

Clothing

•Employee may require special clothing to be worn•The employee must:

•Provide the clothing •Clean and maintain•Composition  

Workplace SafetyWorkSafeBC•As an employer you must:

• Register with WorkSafeBC, pay premiums, and maintain a safe workplace.• Understand claims process• Comply with the Workers Compensation Act, Occupational Health and Safety Regulation, and First Aid Regulation 

Workplace SafetyWorkSafeBC Website

• Various articles and informational videos• Small Business Safety Calculator

• Allows you to calculate who much an accident really costs• Gives real life scenarios and a breakdown of costs

• Employer and Small Business Centre•Has links to register for coverage, pay premiums, maintain a safe workplace and what to do if a workplace incident or injury occurs 

Workplace SafetyWorkplace First Aid RequirementsAs an employer you must:

•Have a qualified first aid attendant•Provide each workplace with adequate and appropriate equipment, supplies, facilities, first aid attendance and services•Keep up-to-date written procedures for providing first aid at worksite•Keep first aid records

Rights of Foreign Workers Abroad

Termination of Employment

Termination • Employer must pay wages in 48 hours if employer terminated • If employee terminates, 6 days to pay all wages•If the employee unreachable, wage goes to Director of Employment Standards

Termination of Employment

Record of Employment (ROE)• Provide within five days of last day• For any interruption of service: sick leave, pregnancy etc.• Business status changes

Termination of Employment

Employers liability

• after 3 consecutive months of employment, the employer is required to give a 1 week notice and is responsible for paying an employee one week's worth of wages• 12 consecutive months of employment equals 2 weeks wages and 2 weeks notice• 3 consecutive years of employment equals 3 weeks wages and 3 weeks notice. Every additional year means an additional weeks wages and a weeks notice.• Group terminations require notices to each individual who will be affected prior to the termination taking place.• The termination policy has exceptions including contracts with a definite term of employment, and seasonal layoffs• A minister can require an employer to create an adjustment committee to help the laid off employees transition to other employment 

Questions??