Hello, questions about company policy. Canada. B.C.?
I've checked online and have confirmed, that within B.C.'s employment standards act 2013/14, my company's policy is somewhat illegal and voids workers rights? (pertaining to my job, being a linecook in a pub) Within B.C. am I obligated to sign the company policy in order to maintain employment, as well as, if I sign this act, am I wavering my rights within B.C.'s laws ?
answers with links to specific such scenario's appreciated, or a quote of the law's article/paragraph.
A few bonus questions, outside of this policy, in verbal "agreement" I was told, that I would not be paid overtime even if I worked it, etc. Can I challenge this ?
In this company policy there are many typo's, does this negate the conditions of the paragraph ? EX: You must [sing] in to work using the biometric scanner.
The 90 day probational period can be extended at will of the reviewer, is this legal?
Can I be terminated during this probational period for informing co-workers of their rights stated in the B.C. laws employment & standards act ? (I assume so, double checking)
- bw022Lv 77 years agoFavorite Answer
First, the BC Employment Standards Act only applies to employees.
"The Act applies to those persons who are employees, but not to those who are independent contractors."
If you are employed as a contractor... you to not fall under the act. If the company does not deduct income taxes, if you do not work set hours, if you invoice for services, if you are paid for by time worked and not a fixed salary, if you work under a personal services contract, you file income taxes as a self-employed person, etc. then you are typically considered a contractor. Canada Revenue Agency has rules on this and ultimately the final say.
Second, even if you fall under the act, certain collective agreements can be negotiated outside the act:
"Some areas, such as overtime rates and statutory holidays can be negotiated outside the Act; however, if there is no provision in a collective agreement, the Act applies in these areas."
Minimum wage, termination notice, leaves and group termination can not violate the act.
Yes, you can negotiate this away under the act.
An agreement is still valid if it has typos provided the intent of the clause is clear. I would personally point out all the typos and ask the employer if they wish to correct them.
>Extending the probationary period
Perfectly legal. There is nothing in the act which says anything about a probationary period nor have you said that anything about being in a probationary period violates the terms of the employment standards act.
You can be terminated from any job for without any reason (provided they give you notice or severance pay depending on how long you've worked there) with the exceptions that you can't be fired for race, religion, ethnic background, gender, etc. under various provincial human rights laws. You can only be terminated without notice for specific reasons.
In addition, if any information you give to employees is incorrect or misleading (such as suggesting that the employment standards act applies to contract employees), those employees or that company could sue you for any losses or damages. If you want to play lawyer... you become liable for your (bad) advice or opinions. Far better to direct them to the act and hope they can read and understand it better than you can.Source(s): http://www.labour.gov.bc.ca/esb/facshts/employee.h... http://www.cra-arc.gc.ca/E/pub/tg/rc4110/rc4110-e....