Seriously getting angry with my work.. I think they're breaking the Labor Law?

[canuck_trevor16]

PM webcoaster he a lawyer......he should know what to do

[MANGO]

You have some points that need addressing that's for sure. How ever, I would seriously address though, the quality of your employment(er). Sounds like the guy doesn't seem to care too much about his workers needs or even abiding by the regs. So, I might just start looking for something else. And don't bitch till you have something else lined up. Keep a daily log, even if it was uneventful.

[Rypien37]

You need to quit if it is financially possible for you.

A job like that will simply make you and your life miserable...I mean, you spend the majority of your day there right....

[Argon]

PM webcoaster he a lawyer......he should know what to do

[-DLC-]

Start documenting things/violations. Mark specific dates/times and establish a record.

Honestly, it is pretty tough in these cases and you likely should assess the pros/cons of working there and whether it's worth investing the effort. There are so many things that factor in (are you unionized and under a contract?...I am by NO means an expert, but my ex is and he's told me it can be a tough battle to take down employers).

I'm in a similar situation. I can tell you that I do work 9-5 with no break (I opt for that, as I don't get paid for them). I grab a quick sandwich at my desk while I work.

I am considering leaving my workplace (after 4 years) for not following the Employment Standards Act or WCB regulations (they idle 5T & 7T trucks in the warehouse and the fumes seep into our office as there's only a partition separating us, etc. etc - so many hazards). But I am starting to explore other options as it's likely a better alternative than fighting what could be a lengthy (quite possibly futile) battle. Shouldn't be that we're forced into that, especially after investing time that was wasted and could have been devoted to a decent employer, but it is what it is.

Good luck.

[Sapper]

If your over 19 then you must face your boss directly with your concerns and if there bad enough to do it in the first place you should expect constructive termination ( written off the schedule - reduced hours etc ).

**************************************************************************************************************************************************************

http://www.labour.gov.bc.ca/esb/facshts/shk-employer.htm

Employees who have an employment standards problem are required to try and resolve the problem directly with their employer by using the Employment Standards Self-Help Kit.

When an employee has completed the Self-Help Kit, he/she will send the employer:

• A standard letter from the Employment Standards Branch;

• Either a Request for Payment form or a Problem Description form;

• A factsheet on the Complaint Resolution Process.

The employee may also include additional information or evidence to help the employer understand the problem.

When an employer receives a Request for Payment or Problem Description form:

When an employer receives one of these forms it means an employee or former employee has used the Self-Help Kit and is attempting to correct a problem under the Employment Standards Act.

The employer is expected to:

• Review the information sent by the employee;

• Contact the employee to resolve the situation or pay money owing directly to the employee.

An employer can contact the Employment Standards Branch information line or website to obtain more information on the requirements of the Act and how to respond.

If an employer does not respond to the employee within 15 days, the employee may file a complaint with the Employment Standards Branch.

If an employer agrees with the request:

If an employer agrees with what the employee is asking for, the employer should pay the money directly to the employee or otherwise correct the problem.

If a payment is made, and deductions are taken for EI, CPP, income tax, etc., the employer must provide a written explanation of these deductions.

If an employer does not agree with the request:

If an employer does not agree with the employee’s claim, the employer should respond in writing, explaining why.

If an employer believes the employee is owed less than he/she is asking for and the employer wants to pay this amount to the employee, the employer should send a cheque to the employee along with a written explanation.

An employee who accepts a partial payment does not lose the right to file a complaint.

If an employee files a complaint:

If an employee files a complaint with the Employment Standards Branch the employer will be notified and advised what information is required.

The parties may be provided with an opportunity to resolve their dispute with the help of a Branch mediator.

If this is not successful, they may be required to attend a hearing so both sides can present evidence and provide witnesses.

In certain circumstances an investigation will be conducted.

If the matter is not resolved between the parties, a determination will be issued. The employer will be required to pay any outstanding wages along with a mandatory penalty for each contravention of the Act.

Circumstances where the Self-Help Kit is not required

The Self-Help kit is not required in certain circumstances, such as the following:

• The employee is under the age of 19;

• The employee alleges a contravention of a leave provision of the Act (pregnancy leave, parental leave, family responsibility leave, compassionate care leave, bereavement leave or jury duty);

• The employee has language or comprehension difficulties that would make the use of the Kit difficult;

• The employer may be insolvent;

• The landlord has locked the employer’s doors;

• The employee is a farm worker, textile or garment worker or domestic; or

• The employee has already sent a letter to the employer setting out the problem and requesting a resolution.

Time limits for filing a complaint

If an employee is still employed by an employer, a complaint must be filed within six months of an alleged contravention. If the employee is no longer employed, a complaint must be filed within six months of the last day of work.

If an employee is nearly out of time for filing a complaint before using the Self-Help Kit, he/she should file a complaint. The Branch will not act on the complaint until the employee advises that he/she used the Self-Help Kit and was not successful.

The date the employee filed the complaint is used to determine whether the complaint was filed within the time limit, even if the complaint was filed before the Self-Help Kit was used.

Ministry of Labour

Employment Standards Branch

Province of British Columbia

This factsheet has been prepared for general information purposes. It is not a legal document. Please refer to the Employment Standards Act and Regulation for purposes of interpretation and application of the law. February 2010.

For more information, please <a href="http://www.labour.gov.bc.ca/esb/contact/welcome.htm">contact the Employment Standards Branc

*******************************************************************************************************************************************************

If you are under 19 then you can contact the employement standards branch directly. The end result may be the same but atleast you would be able to prove that the punishment if you will was a result of you filing a complaint

[Wedge-tailed Eagle]

I'm pretty sure that you have to work a certain amount of hours in a set time to be able to get the average, thats my understanding being a business owner.

[Sapper]

From the code

Averaging for the purpose of overtime

Averaging Agreements

An employer and an employee can agree to average scheduled work hours over a period of one, two, three, four weeks. Averaging agreements must be in writing, and have a start date and an end date.

Overtime is payable:

• After eight hours in a day if extra hours have been added to an employee’s schedule, or

• If the employee works more than an average of 40 hours in a week over the averaging period (e.g., 80 hours over two weeks, 120 hours over three weeks.)

From the code - averaging related to stat and vacation entitlement

• Have been employed for at least 30 calendar days,

And

• Have worked on at least 15 of the 30 days before the statutory holiday.*

*Employees who worked under an averaging agreement any time in the 30 days before the statutory holiday do not have to meet the 15-day minimum.

Qualified employees who are given a day off on a statutory holiday must be paid an average day’s pay.

Qualified employees who work on a statutory holiday must be paid:

• Time-and-a-half for the first 12 hours worked and double-time after 12 hours

The full copy as linked above is http://www.labour.go...esb/esaguide/#3

[Mike Vanderhoek]

If an employer requires an employee to wear a uniform or special clothing, the employer must provide, clean and maintain it at no cost to the employee.

Special clothing is clothing that is easily identified with the employer; for example, clothing with a company logo or unique company colours.

Special clothing includes a requirement to wear the garments that the business is currently selling. A dress code (no jeans, no cut-offs, dark clothing, business casual) is not a uniform.

Employers and employees can agree that the employer will reimburse employees for cleaning and maintaining the special clothing.

All this being said, I know people who work for London Drugs, and for some reason even though the law states otherwise they leave the employess on the hook for cleaning and maintaining their work clothing.

And I have heard quite disappointing stories relating to people who have gone to the employment standards branch, regarding different issues and ive heard they are not very helpful with matters.

Dispute resolution process will basically call you out as a difficult employee, they will know who you are and you problems with them. and will more then likely make your work atmosphere even worse.

Its probably in your best interest to just leave if its that bad. Im all for calling out bad companies on bad practices but bottom line you will probably get the short end of the stick on this one.

Employment standards act IMO is a rudderless farce, even thought it really shouldn't be..

[yawn.3x]

I agree 100%

Once this problem is brought up 100% of the time it is going to sour / ruin relations with management to the point of not being a place you can continue to work.

It in my experience is best to just leave the situation. I spent several years under a false assumption in regards to overtime hours at a job that I very much liked. When I got wise to what was going on and brought up the situation in a very civil way I was to put it bluntly told by my employer it was not my business and he asked why I was reading the employment standars act ? ( meaning yeah he knew fully well what he was doing as I never mentioned the employment standards act.

Long story short I was owed several thousand dollars, I went through the legal process and was given advice by lawyers and such. In any normal situation you'd think you'd have a chance to recover some hard earned money, however being warned by the employer's legal team to mine that hey'd be suing me for an outrageous claim lol...would bog down the process, cost me more than I would've received and left me with nothing. I just walked away.

[Stefan]

I've never worked for a company that provides paid breaks.

That isn't a thing.

[silverpig]

It looks like you are at work for 8.5 hours. In this time you will likely get 30 minutes of paid break time, and 30 minutes of unpaid time. If he requires you to punch out for only 30 minutes, then everything is likely okay.

[taxi]

Let me guess, you work in the kitchen of a chain restaurant like Earl's, Milestones, Cactus, etc...

The problem with these restaurants is they hire managers who are not that bright to begin with and have no idea what he labour laws are and then give them incentives for keeping labour costs down. When I worked at Earl's in the kitchen they did the exact same thing. My advice to you:

1) Find a new job. If you want to continue working in the kitchen, your education will be very limited at places like Earl's. It's a great place to lean some basic techniques and work ethic, but beyond that you're basically heating up pre-made food. You aren't learning anything about the creation of flavor, etc... If you aren't set on working in the kitchen long-term, find another job. Retail, etc.. will all pay similar amounts with far less work.

2) After leaving this job, report them. They shouldn't get away with this.

[RonMexico]

Just to chime in on the punch-out for breaks thing, you really have no choice but to follow suit. I work for a major corporation and I only have to punch-in in the morning and punch-out at the end of the day. However, some branches make their employees punch in and out for breaks. You get used to it and it becomes no big deal. Likely what happened was that some clowns you work with spoiled it for everyone else by abusing breaks. These type of 'measures' got introduced by managers trying to get noticed. In the end, they just created more resentment and lack of trust. While you seem to have a leg to stand on with your other problems, you are in a lose-lose situation. I suggest moving on if its financially feasible.

[Wetcoaster]

I'm going to leave the name of my work anonymous but... I just found out today that we have to "punch out" for our breaks now.

I work in a kitchen, and today for example, I worked from 8am to 430pm. 8 and a half hours. I went on my break at 3 to 3:30. While I was walking to the break table, my General Manager ask's me,

"Did you punch out?"

"No, was I supposed too?"

"Yes for your break you have to punch out."

"Ok.."

I thought if you work 8 hours you get at least a 30minute paid break?

And also, we have a washer and dryer to clean our uniforms at the end of our shift as I'm sure ALL kitchens do. Our owner says we can't wash our uniforms there anymore because we don't have "Insurance" for our Washer / Dryer. So we have to wash our uniforms at home now or suffer the horrible food smell / dirty uniforms. Aren't kitchens supposed to ENFORCE cleanliness? Not take away a washer/dryer we've had for 6+ years?

Also for stat holidays (I.E Christmas) I thought if you DON'T work the day, you still get paid for an average shift. (if you work on average 7 hour shifts, you should get paid for a 7 hour shift that day even if you don't work it) and also get paid double time if you DO work it?

Are any of my arguments valid?

[Dazzle]

Unfortunalty this is yet another thing that has been taken from workers by the BC Liberals. Before 2001 if you had a complaint you could file it with the labor standards branch so there was a clear record of the complaint and it made it difficult for creative terminations based on reporting employers. The code was changed so employees MUST first attempt to resolve the issue directly with the employer that wronged them

http://www.workright...ent.php?doc=100

http://www.labour.go...elp/welcome.htm

So basically if you complain - your creativly written off the schedule with little recourse. The standard is extremly high to prove it was done as retaliation so your left with little choice. It's your word against theres and they get to decide if *cough* your causing other problems before your complaint can even be filed.

Seriously - how many teens or young workers are going to face their boss? If it is a saftey issue remember you only have one back - and no job is worth dying for ... stand up for your rights. If its not a saftey issue ..... sadly it may be better to simply seek new employement and move on. If you quit they can blacklist you for refrences - all the power has been shifted to employers so sadly unless you can involve WCB - unless its a human rights violation - there is little protection now for non union workers in BC

[-DLC-]

time and a half is all your employer is requited to pay you for holiday pay. After working eight hours in a day an employee must be paid time-and-a-half for the next four hours worked, and double time for all hours worked in excess of 12 hours in a day. This applies even if the employee works less than 40 hours in a week.

i will be brutally honest we have a family company and do this to many employees, a couple have actually taken us to labor relations and even though we were in the wrong we won. we also made life hell for those employess and even tho we could not technically fire them after the hearing we made their lives hell, to the point they quit on thier own accord.

and by the way you cant sue a company unless its something grotesque like discrimination, otherwise you must go through labor relations and employment standards.

Why would you not try to provide a positive/supportive environment for your employees? In the end, you encourage much better work performance, attendance, etc. if you do so.

"Made life hell" would actually indicate that you're at least breaching WCB standards with regard to workplace bullying and intimidation. So tread carefully there. Brutally honest does not let you off the hook for being piss poor employers.

Here's the thing - you can do just what is required (legally), drive employees away who challenge that vs listening to feedback and generally, just be oblivious to their needs but, in the end, you'll lose in that. In the short term - sure, you might save a few bucks but you won't promote a good working environment or get the most out of those under your employment. You'll have a high turnover and won't get people who feel a sense of loyalty or dedication to their work. Reap what you sow basically.

If you do pay your employees OT as per the guidelines, I highly suspect that there's something more to this. Most would be satisfied if you're fulfilling your obligations and your attitude on the matter makes me think there may be other, unresolved issues?

[î мцšт вяздк чфµ]

i hope you get your situation sorted out. i always think to myself "work to live, not live to work". remember your body health & mental health is more important than a job you dislike so leave if it'll make you feel better. there's other opportunities.

[ThaBestPlaceOnEarth]

What kind of restaurant has an actual punch-clock AND on-site laundry? Sounds pretty high-end to me! I always just worked in my dirty uniform for weeks on end I was not the most foodsafe of employees.