Worker rights questions

[kunoman1]

Hi sorry being relatively new to the employment market I have a few questions - I've already done some googling but couldn't find some things. (I work stock at a retail store)

1. I understand the "required to give a 30 minute break every 5 hours" but if we don't get to take the break due to pressure from the manage to not leave the stockroom, is this allowed. I am currently working ~10 hour shifts continuous without a break - the only way us stock people can take a break is if we add on the time spent on break to the end of our shift, so say if our shift is 12-10 but we take two 30 minute breaks the shift is now 12-11, is this allowed?

2. Is there a rule that says the employer must be given two weeks before resignation?

3. If a schedule says for example Monday Wednesday Friday 12-10, is it considered overtime if we work a non scheduled day due to being called in (not as an on call worker)

Thanks all

[B!tch]

Your answers are here....Employment Standards Branch, Ministry of Labour, Government of B.C.

1. Managers shouldn't be pressuring employees not to take breaks. A schedule should be created so everyone isn't on break at once and there is sufficient staff to cover.

You don't say that managers won't allow you to take breaks. So take your break.

They don't have to pay you for your breaks. If you work from 12 pm to 10 pm and don't take breaks, which is wrong, then you have worked a 10 hour day and should be paid 8 hours regular time and 2 hours time and a half overtime.

Adding your breaks to the end of your shift doesn't make sense as you aren't paid for them.

If you work 12 - 10, and take your half hour break, then you should be paid 8 Reg and 1.5 OT

2. I don't understand...resignation means you are quitting. You don't have to give 2 weeks notice to your employer but don't expect a reference if you leave them in the lurch. Employers, unless they are laying off due to lack of work (depending on situtations) or if there is just cause, need to give notice as per this.....
•After three consecutive months of employment – one week’s pay;
•After 12 consecutive months of employment – two weeks’ pay;
•After three consecutive years – three weeks’ pay, plus one week’s pay for each additional year of employment to a maximum of eight weeks.

Ministry of Labour, Government of B.C., Employment Standards Branch, Termination Factsheet

Keep in mind common law will come into play after 3 years.

3. Nope if you work Tuesday or Thursday it isn't overtime unless you have already worked 40 hours that week. However if you do work and work more than 8 hours then you will be paid overtime for the hours over 8.



Everyone who is employed should know the Employment Standards website. There is also a toll-free number where you can ask questions without using your name. Explain the situation and they will advise you.

[Mr.HappySilp]

They have to give you a 30mins break if you work 8hours. It can be unpaid but if managers is pressuring you guys not take breaks I would just go file a complain with WCB or just take your breaks after 4hours or so. They can't stop you from taking breaks.

I would be like "Sure if you want me to work 10hours with no break and no food then YOU HAVE to do the same."

[Graeme S]

IIRC overtime rules now state "either more than 8 hours per day or more than 40 hours per week", so if they have him working four 10s, then he'd not be paid OT.

Don't quote me on that though.

[B!tch]

WCB (which is known as Worksafe BC as they changed their name several years ago = if your employer has you taking asbestos down without a hazmat suit/resporator etc. or if you are working on a roof without a lifeline or if you have a file cabinet fall on you as some fool stacked them.

Injuries, accidents and unsafe work practices get reported to Worksafe BC

Labour Relations Board = if you have a collective agreement, ie part of union, and your employer is failing to adhere to the agreement.

Employment Standards of BC = if your employer treats you unfairly. Hours, minimum wage, being paid on time, etc.


Graeme:
If you and your fellow employees have all signed an averaging agreement or if you work in an industry that it is standard practice to work shift work, then yes four 10 hour days is all regular time.

If the above doesn't apply to you, then your employer should be paying you 8 hours of overtime and 32 hours of regular time.

See the link in my first post. They have charts that show you how OT is calculated.

If you have questions post them up.