Young Worker Readiness Certificate Course (YWRCC)

Transcription

1 Young Worker Readiness Certificate Course (YWRCC) Module 2: Fair Workplace Practices Workbook and Self-Study Guide SAFETY WORKS, FAIRNESS WORKS Saskatchewan Ministry of Advanced Education, Employment and Labour

2 Copyright 2009 Saskatchewan Ministry of Advanced Education, Employment and Labour This material may be used, reproduced, stored, distributed or transmitted for noncommercial purposes to promote safety and fairness in the workplace provided the Saskatchewan Ministry of Advanced Education, Employment and Labour is acknowledged as follows: Saskatchewan Ministry of Advanced Education, Employment and Labour, Used with permission. This material is not to be used, reproduced, stored, distributed or transmitted for commercial purposes without written permission from the Saskatchewan Ministry of Advanced Education, Employment and Labour. Permission to use any content contained within this document which is the property of WorkSafeBC and branded as such must be secured from WorkSafeBC. We would like to thank WorkSafeBC for their permission to use and adapt aspects of the publication Student Work Safe Planning 10 for use in this document. Note: This is not a legal document. Consult the legislation to interpret and apply the law. October, 2009 Edition

3 Module 2 Table of Contents Introduction Why are labour standards important? What are my rights and responsibilities?...2 Activity 1: Michael s First Job....3 Activity 2: Questions to Ask your Employer...5 THINGS TO THINK ABOUT THINGS TO DO What is on a pay stub?...6 Explanation of terms...6 Activity 3: Michael s First Paycheque...8 THINGS TO THINK ABOUT THINGS TO DO How do I handle problems at work?...10 Workplace Stories...10 How do you feel when you think something is unfair?...11 Handling Conflict Effectively...13 Talking to Your Employer...13 Activity 4: Conflict Situations...15 THINGS TO THINK ABOUT THINGS TO DO Who can I talk to if I need help or information?...17 Third Party or Anonymous Complaints...17 Formal Complaints...17 THINGS TO THINK ABOUT THINGS TO DO...18 Labour Standards Fact Sheets...19 Review and Self-Check...25 Answer Keys...29

4 Introduction Workplaces are like school in some ways. Teachers have expectations of you and rules to follow. Certain types of behaviour are okay and others are not okay. You are expected to be on time and do your assignments. In return, you expect teachers to help you learn the subjects you re taking and to treat you with respect. Workplaces also have expectations and rules. Everyone in the workplace has rights (things they expect from others) and responsibilities (things they have to do). These rights and responsibilities are written into rules or laws to help keep workplaces fair and safe. In this module, you will learn about The Labour Standards Act. This law sets out your rights and responsibilities, as well as your employer s, for wages and working conditions. You will also learn how to read and understand a pay stub and what to do when problems arise at work. 1. Why are labour standards important? The Labour Standards Act sets rules for things like minimum wage, breaks away from work, days off, paydays, deductions from wages, holidays and holiday pay. Knowing what these rules are can help you to understand how things work in your workplace. For example, the Act sets rules for how often you get paid, when you get breaks and if they are paid breaks, the deductions that can be taken from your pay and how old you must be to work in Saskatchewan. Knowing the rules will also help you to understand your responsibilities in the workplace. For example, the law says you need to have a schedule for the hours and days you work. When you get your schedule, it is your responsibility to look at it and show up for work on time. It is also your responsibility to take and return from meal breaks as they appear on your schedule, to wear your uniform if it is required at your workplace and to let the employer know when you are sick or have to be away from work. Because you know about both your and your employer s rights and responsibilities for these working conditions you know what to expect. These rules help to keep workplaces fair, positive and respectful. I have to be paid at You will also know when the rules are not being followed, for example, when you are not being paid properly or not getting the breaks you should. If you think this is happening to you, call the Labour Standards Branch at to get more information. You may also want to talk to your parents/guardians and your employer about your concerns. Knowing how to look out for yourself can help you to have positive work experiences. least minimum wage for each hour I work. Page 1

5 2. What are my rights and responsibilities? Do you remember Michael from the last module? You may want to review his story. He was offered a job as a dishwasher in a restaurant. He told the employer he would go to work. When his friends asked him how much he was going to get paid, Michael realized he hadn t asked. He also didn t know how or when he was going to be paid. Michael s grandparents asked him what days he had to work and how many hours he would be working. They were worried about him staying on top of his schoolwork and wondered if he would still have time to help them with things like cutting the lawn and bringing in the groceries. Michael said that he didn t know what his schedule was, but he did know he had to start work the next day at 4 o clock. When he does go to work, he has to wear a shirt with the restaurant s name on it. He thinks that s odd as no one is going to see him in the kitchen anyway. He s considering wearing his favourite t-shirt instead. He doesn t want his friends to make fun of him, as the shirt the employer has asked him to wear is a bright orange colour. Michael is uncertain about a lot of things about his job and hopes the employer will tell him everything he needs to know when he goes into work. He doesn t want to appear stupid or make the employer angry by asking too many questions. Maybe the employer would change his mind about hiring him. Besides, he was so nervous, he didn t remember half of what the employer told him anyway! What could Michael have done to be better prepared before he went for an interview or before he accepted the job? Do you have any suggestions for Michael? What would you advise him to do? Page 2

6 TIP When you want to remember something write it down, practice saying things out loud, picture yourself asking the questions. Talk to someone who works before going to the interview so you know what to expect. Ask the employer to repeat the information or repeat it back to the employer to make sure you understood it correctly. Working for an employer is new to Michael this is his first job. He is anxious to prove himself. Knowing what his rights and responsibilities are under The Labour Did you know that: employers can give their workers more than what is provided for under The Labour Standards Act, but not less (for example, employers can pay more than minimum wage, but not less); and everyone has rights and responsibilities for keeping workplaces fair. Standards Act will help to ensure he is treated fairly and that he treats others fairly in the workplace that he does a fair day s work for a fair day s wage. Activity 1: Michael s First Job. Michael has lots of questions about his working conditions. Find and read the Labour Standards Fact Sheets at the end of this module. Then answer the following questions. The answers to these questions can be found in the Answer Key section near the end of this module. 1. What is the least amount of money Michael can be paid per hour? 2. Does Michael have the right to know what his work schedule is? What is his responsibility once he knows his schedule? 3. Does Michael have a responsibility to wear his uniform? Does he have to wash it when it gets dirty? 4. Does he have to pay for his uniform? 5. Michael thinks his employer has to give him a coffee break. Is the employer required to do this? Page 3

7 6. When Michael does have a meal break, what are his responsibilities? 7. If he breaks dishes while he is washing them, can the employer take the money to replace them off his pay? 8. On Friday, Michael worked until the restaurant closed at 1 o clock in the morning. Does his employer have to provide Michael with free transportation home? 9. During the summer holidays, Michael was scheduled to work seven hours on Thursday. Things were really slow in the restaurant so his employer sent him home after two hours. How much should Michael be paid? 10. Michael is scheduled to work 7 hours on Saturday. Should he get a meal break? It s not fair! It is so fair! Page 4

8 Activity 2: Questions to Ask your Employer You have read Michael s story and about some of the rights and responsibilities covered in The Labour Standards Act. Now, create a list of questions you think would be important to ask your employer about working conditions. THINGS TO THINK ABOUT THINGS TO DO Talk to others about the working conditions in their jobs. You may want to consider the following questions: o What do they think fair working conditions are? What would a workplace where workers are treated fairly be like? o What do they think workers responsibilities are for keeping workplaces fair? o Have they encountered any problems around working conditions? How have they addressed problems encountered in the workplace? If you want more information about fair workplace practices go to Advanced Education, Employment and Labour s (AEEL s) website at and look for the labour standards tip sheets for young workers and the Guide for New Workers. For a list of questions to ask your employer go the AEEL website at When you start work, keep adding to your portfolio or résumé. Think about the new skills you ve learned or the personal qualities you demonstrated in your job. Page 5

9 3. What is on a pay stub? If this is your first job, you may not be familiar with all the information on pay stubs. Most pay stubs have certain parts in common. They may look like the example below. Name of Employee Name of Employer Earning No. of Hours Hourly Rate Amount Deduction Amount Year to Date Salary CPP Overtime Pay EI Vacation Pay Income Tax Public Holiday Pay Union Dues Life Insurance Total Earnings Long Term Disability Total Deductions Pay Period Pay Date Net Pay Explanation of terms Name of Employee Your name. Name of Employer Total Earnings Number of Hours Hourly Rate Amount Name of the company or organization you work for. Kind of earnings; for example, salary, vacation and public holiday pay, bonus, commission, and overtime pay. When annual holiday (vacation) pay is paid on each paycheque, it must be shown on your pay stub. Please note that tips are not considered wages, as they are not paid by the employer. Number of hours you worked. On some pay statements, where time is broken into units or hours, this is called number of units or number of hours. The amount of money you earned per hour. Total for that kind of earning (hourly rate X number of hours). Page 6

10 Deduction Year to Date Total Earnings Total Deductions Pay Period Pay Date Net Pay Amounts taken off your cheque for different reasons. The most common deductions, which you will see on every paycheque: Canada Pension Plan or CPP, Employment Insurance or EI, and Income Tax. Other deductions often include: Union Dues, if you re a member of a union; Life Insurance, in the event that you die; Long-term Disability insurance, in the event that you are seriously injured or develop a long-term illness and can t work. The total deductions in each category since the beginning of the year (optional). Your total earnings in the current pay period (gross pay). Total taken off your cheque this pay period and since the beginning of the year. The time you re being paid for on this pay statement; for example, Apr. 1 Apr. 15. Date the cheque is issued. Your take home pay after all deductions. TIP When you start a job, keep track of the days and hours you work in a notebook or on the calendar. Check your pay stub to make sure it s accurate. Talk to your employer right away, if you have questions or concerns about your pay. Always keep your pay stubs in a file folder, shoebox or other storage container. I just got my very first paycheque ever! Page 7

11 Activity 3: Michael s First Paycheque Michael gets paid every two weeks and this is the pay stub from his first paycheque. Name of Employee: Michael Jones Name of Employer: Earl s Eating Emporium Earning No. of Hours Hourly Rate Amount Deduction Amount Year to Date Salary CPP Overtime Pay EI Vacation Pay Income Tax Total Earnings Total Deductions Pay Period: June 7 June 20, 2009 Pay Date: June 24, 2009 Net Pay: What is Michael s hourly rate of pay? 2. How many hours in total did Michael work during this pay period? 3. What is the pay period for this paycheque? 4. How many days from the end of the pay period does the employer have to pay Michael? Did the employer follow the Labour Standards rules? 5. Michael received $27.75 in overtime pay. Explain how Michael s overtime pay was calculated. Page 8

12 6. Why is the amount of EI (Employment Insurance) deducted on this paycheque the same as the amount in the Year to Date column? 7. How did the employer come up with the amount of $ as Michael s net pay? THINGS TO THINK ABOUT...THINGS TO DO... Sometimes employers will give you your paycheque. Other employers will deposit paycheques directly to your bank. Do you have a bank account? How will you cash your paycheque? What are your goals? When you start work, what do you plan on doing with the money you get paid? Page 9

13 4. How do I handle problems at work? Michael, one of the students who was mentioned earlier in this module, wasn t the only one who decided to go to work. Julia started work at the park. Megan decided not to accept the filing clerk position, but has started working as a cashier at a local neighbourhood convenience store. John accepted a job at the hardware store. Workplace Stories Julia s Story Julia really enjoys her job at the park. She likes working outside with the plants and doesn t even mind mowing the grass (a chore she puts off as long as possible at home!). When it is too wet to work outside, her employer gives her tasks to do in the gift shop in the park. She is learning some new skills and likes going to work. Julia is earning $10.00 per hour and has a plan for how much she is going to spend and how much she ll save. When she got her paycheque for the first month, she thought something wasn t right. She looked at the record she kept of the hours she worked in the month, double-checked her math on the calculator, and it still didn t add up. She thinks her employer didn t pay her enough. For some hours, she was paid minimum wage and other hours she was paid her regular wage. Her employer says it is because he paid her less than her current wage while she was being trained in her job and in the gift shop. The employer didn t tell Julia this ahead of time and she doesn t think it is fair. Megan s Story During the summer months, Megan works a six-hour shift from 8 a.m. to 2:30 p.m., with a 30-minute lunch break. She likes these hours because she still has time to play in the soccer league in the evenings. She also gets to see a lot of her friends when they come to the store. Megan usually gets Tuesday and Wednesdays off and she likes to sleep in on those days. Her employer has started scheduling staff meetings from 7:00-8:00 a.m. on Wednesday. This is considered the best time as the rest of the staff, except for Megan, are already working. Business is usually slow at that time of day. Since breakfast is provided to all the staff, Megan has been told she will not be paid for attending. She has been told it is essential that she attend the staff meeting. Megan doesn t think it s fair that she has to attend the meetings on her day off. Page 10

14 John s Story After being there for two months, John is settling in at the hardware store. Sometimes, he takes too long with each customer, explaining all the details and how things work. The employer has never said anything, but John thinks things are going well. He has learned everything he has been shown and hasn t heard of any complaints from customers. When John went into work today, his employer said this would be his last shift and then just walked away. John was shocked and thought he must have done something wrong. He just couldn t figure it out and stewed about it for the rest of his shift. He wondered if his employer could let him go like that without giving him any warning or notice. He wondered if he should ask his employer what the problem was or if he should let it go. He also didn t know if the employer would give him a good reference. How would he get another job with no reference? The questions and uncertainty just kept building! He absolutely did not know what to do. How do you feel when you think something is unfair? At some point in your work life, you will likely encounter conflict or situations that you don t think are fair or don t understand. These situations may involve how you are treated by co-workers or by your employer; they may involve working conditions that don t comply with The Labour Standards Act. Sometimes these situations can be seen as a conflict of interest, rather than personal attacks. For example, the employer s interest or need to schedule you to work a particular shift may be in conflict with your wish to have the day off. If you think your rights have been violated, you may feel angry, frustrated or confused. Think about a situation at home or at work when you felt you were treated unfairly. How did you feel? How did you deal with your feelings? Page 11

15 Situation How did I feel? What did I do? How did it work out? What would I do differently next time? People have different ways they react to conflict. Do any of the following approaches sound like you? Let it slide don t say anything because you don t want to get in trouble or make the other person mad; you want to keep things nice. You tend to swallow your feelings and just avoid the person or situation. You may tell yourself that the problem wasn t all that important anyway. Lose it rather than deal with the issue in a calm manner, you may lose your temper and yell, get physical, slam doors or walk out; you try to force others to see things your way, to win at all cost or to get even somehow. Blame others everything is always someone else s fault; you did nothing. You try to get others on your side and talk about how awful the other person is or how unbearable the situation is. Compromise you try to work it out so you both get something you want (e.g., I ll go to the movies with you tonight if you go to the baseball game with me tomorrow). Problem-solve you discuss the problem and your concerns/needs with the other person. You look for a solution that is fair to both people. When I get mad, I Anger is a natural reaction to feelings of being treated unfairly. just leave. However, it is important to understand that there may be consequences to losing your temper or dealing with your anger in inappropriate ways. Most employers will not tolerate workers whom they see as a problem in the workplace. Workplaces generally have policies outlining serious consequences for emotional and/or possibly physical displays that have the potential to harm others. As well, you may lose credibility with co-workers that you may need to work with in the future. It doesn t mean that you never raise issues or think your employer can do anything s/he wants. It does mean that it is important to find an effective way to channel this anger into productive behaviour and to find ways to address the problem. For you to be effective in your job, you will need to use techniques that already work for you or learn new strategies for dealing with conflict. Page 12

16 Handling Conflict Effectively One strategy to use might be to take a time-out to reflect on the conflict. Give yourself some time to deal with your feelings count to ten, take deep breaths, or if you are at home, go for a run or listen to music. Often, doing something constructive allows us to move from feeling to thinking. You may be able to see the conflict from another perspective (from another point of view) and start to think about what or if you want to do anything about it. Whether you decide to do something about the conflict often depends on: the importance of the relationship (with your employer, co-workers), the level of stress the situation is causing you, and the amount of difficulty it s creating for your work (is the issue significant enough to be raised?) You may also consider how important the job is to you (Is quitting the job an option?) and how much influence the employer has in your community (Will s/he have an effect on you getting another job in your community?). The answers to these questions can guide how you choose to address the conflict. What is something you already do that helps you cope when you re angry or upset? An effective coping strategy I already use is... One new strategy I am going to try is... Talking to Your Employer If you decide to look for a solution that allows both of you to achieve your goals and maintain a good relationship, you will need to talk to your employer (assuming s/he is the person you are in conflict with). Try to find a time when it is not too busy and the employer can focus on the conversation. You might even ask when it would be a good time to meet. Page 13

17 When you meet with the employer, it helps if you know what you re going to say. Take some time to put your thoughts and feelings in order, so you can communicate the problem in a calm, rational way. Answer these questions first: What do I see as the real problem? How do I feel about the problem? What change do I want to happen? What do I need? What are some things I can do to solve the problem? What is my strategy? What can I say to the person that I m having the problem with? How can I start the conversation? If your concern involves working conditions, it is helpful to find out the facts before you talk to your employer. You may want to call the Labour Standards Help Line ( ) to clarify what the rules are in your situation. Perhaps the problem can be solved by finding out the right information. Most employers want the opportunity to address existing problems before there is outside intervention. These are some of the factors that may affect the outcome of your discussion with your employer: Employers may not be aware of the law. Or, they may not know how the law specifically affects their particular work situation. If possible, it is important that you and the employer take the time to discuss the matter and seek advice and information as needed. Some employers may be open to discussing working conditions and/or receiving information or suggestions from their employees. However, not all employers may be prepared to do so. The discussion could result in actions you see as unfair or disciplinary. The manner in which you start the discussion may have an impact on its success or failure. You may want to start the conversation by asking for information or clarification about the issue. For example, you could ask how your wages were calculated or how to read your pay stub. Asking for clarification opens the door to further discussion. I m confused about... Will you explain this to me...? Did you mean that...? Did I understand this correctly...? Page 14

18 Activity 4: Conflict Situations Let s look back at the situations Julia, Megan and John found themselves in at work (stories are found at the beginning of section 4 How do I handle problems at work?). Examine their stories, think about their concerns and help them decide what to do. Conflict Situations Julia Megan John a) What is the problem? b) What are their rights and responsibilities under The Labour Standards Act? Read through the Labour Standards Fact Sheets found at the end of this module. c) What would you advise them to do? d) If talking to an employer is an option, how would you start the conversation? Page 15

19 THINGS TO THINK ABOUT...THINGS TO DO... If you want more practice in checking your understanding of your rights and responsibilities around fairness in the workplace, you can go to and take the Labour Standards quiz. For more information about what to do when your are starting a job, while you are on the job, or when you leave a job download the Guide for New Workers at or call the toll free number ( ) for a print copy. Did you mean that...? Did I understand this correctly? Page 16

20 5. Who can I talk to if I need help or information? If you have a labour standards question, call the Call Centre at The staff there can help you determine your rights and responsibilities. The branch suggests that if possible you talk to your employer first. If the concern is a labour standards one and is not resolved, or if it s too difficult or impossible to approach your employer, you can contact the branch and file an anonymous or third party complaint or a formal complaint. You can decide not to pursue your complaint at this particular time. It is important to remember that you can make a claim for unpaid wages within one year of when the wages should have been paid to you. Third Party or Anonymous Complaints Anyone - a parent, teacher or member of the community - can file a third party or anonymous complaint with the Labour Standards Compliance and Review Unit (phone toll free to for more information). The person does not have to work at that workplace to make a complaint. They must fill out and sign a complaint form and provide proof or documentation such as a calendar of hours worked or pay stubs to show that it is a valid concern. For more information and for a Third Party or Anonymous Complaint form you can go online to Formal Complaints If you decide to file a formal complaint, you will need to fill out a complaint form explaining the problem and provide pay stubs and any other records you may have. You will need to know the name of the company, the name of the employer and the address. For a form or more information about this process go to the Labour Standards website at TIP Remember to keep your pay stubs and other employment records. Keep track of things like the hours you work, when you took breaks and if you worked any overtime hours. Page 17

21 THINGS TO THINK ABOUT...THINGS TO DO... You may want to talk about your concerns with an adult in your family, a teacher or a career counsellor. They may have the information you need or have advice on how to discuss a problem with your employer. They could also listen as you practice what you are going to say. Page 18

22 Labour Standards Fact Sheets (Note: Not all the rules are covered here. For more information, visit and read the Youth at Work Tips for Young Workers information sheet. Or, visit and read the booklet Rights and Responsibilities: A Guide to Labour Standards in Saskatchewan. Most Saskatchewan workers and employers work in workplaces where the rules for wages and working conditions are set by The Labour Standards Act. The Act does not apply to your workplace, if you work: Age in a family business that employs only immediate family members, like your brother, uncle, sister or mother, on a farm, as a babysitter as a newspaper carrier, or are self-employed. How old do I have to be before I can work? You must be 16 years of age to be employed in Saskatchewan. If you are 14 or 15 years old, you can work if you: have the written consent of one of your parents or guardians, have a certificate from the Young Worker Readiness Certificate Course, do not work after 10:00 p.m. on an evening before a school day, do not work before classes on a school day, or do not work more than 16 hours during a week that school is in session. During the weeks in which there are no school days, 14 and 15 year olds can work the same hours as other employees. If you are under the age of 14, you can only work if your employer has a special permit from the Director of Labour Standards. Wages What is the minimum wage in Saskatchewan? Minimum wage is the minimum amount of money per hour that you can be paid. As of May 1, 2009 minimum wage in Saskatchewan is $9.25 per hour. Your employer can pay you more than this amount, but not less. Remember you are not entitled to minimum wage if you baby-sit on a casual basis, if you are self-employed or if you work in a family business that only has immediate family members working there. Employers of fishers and trappers are also not required to pay their employees minimum wage. Page 19

23 What is minimum call-out? Every time your employer requires you to show up for work, you get paid a minimum amount of money. This is called minimum call-out pay. If you turn up for work and there is no work for you that day, you will still get minimum call-out pay. If you do work, you would get either minimum callout pay or the pay you earned for the hours you worked, whichever amount is greater. As of May 1, 2009, minimum call-out pay is $ For example, if you earn $10.00 an hour, work two hours and then get sent home, you should get minimum call-out pay of $27.75 as it is greater than the wage you would have earned for two hours of work (2 x $10.00 = $20.00). However, if you earned $15.00 an hour and worked two hours, you would be paid your wage ($30.00) as it is greater than minimum call-out pay of $ This rule does not apply to students (up to and including grade 12) during the school year. For example, during the school year, you may work over the lunch hour and only be paid your wage for one hour rather than minimum call-out pay. In the summer months, the minimum call-out rule applies to students. If you earn minimum wage and work over the lunch hour during the summer months, you would get minimum call-out pay of $ What is overtime pay? If you work more than eight hours in a day, 40 hours in a week, or 32 hours in a week with a public holiday, you get paid overtime pay. It is 1.5 times your hourly rate for each hour you work over eight, 40 or 32 hours. For example, if you receive minimum wage and work one hour of overtime, you would be paid $13.87 (1.5 x $9.25 = $13.87) in overtime pay. Remember, 14 and 15 year olds cannot work more than 16 hours during a week that school is in session. During school holidays and longer breaks from school, 14 and 15 year olds can work the same hours as other employees and would be eligible for overtime pay. Some employers may have special permission to change this rule. Ask your employer if he or she has a permit, which allows him or her to do this. If you are a manager, you do not get overtime pay. What should I be paid for? You should be paid for all the time you work for the employer or when you must be at the employer s disposal. For example, if you have to be available for work during your lunch break, you are at the employer s disposal during this time. You must be paid for this time even if you don t actually have to do any tasks. You also need to be paid if the employer knows you are working extra time and does not stop you. For example, if the employer knows you are starting work early or working after your shift ends and does not stop you, you must be paid for that time. Page 20

24 When do I get paid? Your employer may choose to pay you every day, once a week, twice a month or once a month. For employees not paid monthly, you must get your paycheque at least twice a month. It is due no later than six days after the end of the pay period. So, if your pay period ends on June 6, you must get your paycheque by, or before, June 12. Can the employer take money off my paycheque? Employers can take money off your paycheque. These are called deductions. By law, deductions that must be taken off your paycheque include Canadian Pension Plan (CPP), Employment Insurance (EI) and income tax. Union dues (if your workplace has a union) can also be taken off your cheque. Sometimes workers may choose to buy something from their employer, like clothes or food. These are called voluntary purchases and, if you agree, the employer can take these off your paycheque. If money is lost in the workplace (cash shortage), it should not be taken off your paycheque. Also, your employer should not take money off your cheque if something is broken or damaged at work. Your employer should give you a pay sheet (sometimes called a pay stub) that shows you: the amount you earned during the pay period before anything was taken off your paycheque. This is called your gross pay ; what was deducted from your gross pay; and your net pay or take home pay. This is your gross pay minus deductions. Work Schedules and Time-off Work Am I entitled to coffee and meal breaks? The Labour Standards Act does not require that coffee breaks be given to workers. However, if the employer does provide a coffee break, it should be a paid break. If you are scheduled to work six consecutive hours or more, you are entitled to get a 30-minute, unpaid meal break within the first five consecutive hours of work. For example, if you are scheduled to work from noon to 6:00 p.m., you should get a meal break between noon and 5:00 p.m. You can leave the workplace during your meal break, but it is your responsibility to make sure you are back at work on time. Page 21

25 Do I need to be told ahead of time what hours I work? You need to be told when your work begins and ends over a period of at least one week. Your schedule should include the times for meal breaks. Notice should be in writing and posted in a place where you can easily see it. Employers must give you one week s notice of changes to your schedule unless there is an emergency or something unforeseen happens. For example, the employer might call you in to work unexpectedly if someone gets sick and has to be replaced. If you work in a restaurant, hotel, educational institution, hospital or nursing home, you cannot be scheduled for more than two shifts in any 12-hour period. What days off do I get? If you work 20 hours or more per week you get 24 consecutive hours away from work every seven days. If you work in a retail business (i.e. clothing or convenience store), you get two consecutive days off in every seven days as long as the business has more than 10 workers and you work 20 hours or more per week. Remember, 14 and 15 year olds cannot work more than 16 hours during a week that school is in session. During school holidays and longer breaks from school, 14 and 15 year olds can work the same hours as other employees and as discussed in the previous paragraph. Unless there is an emergency, employees must get at least eight consecutive hours of rest in any period of 24 hours. Uniforms and Rides Home What are the rules around uniforms? If you work in a hotel, restaurant, educational institution (school), hospital or nursing home and have to wear a uniform, the employer must provide, repair and clean it at no cost to you, the worker. The employer cannot deduct any costs for uniforms from your paycheque. Employers can require that you pay a reasonable damage deposit (about 25 per cent of the cost for the uniform) when a uniform is supplied. The damage deposit must be refunded when the uniform is returned. A uniform is special clothing with business or company name or logo on it. Everyday clothing such as white shirt/blouse or dark skirt/pants is not considered a uniform. If you work in other workplaces, for example, a service station and must wear a uniform, you are responsible for paying for it, cleaning and repairing it. Do I get a ride home from work? Only if you work in a hospital, hotel, restaurant, educational institution or nursing home do you get free transportation home if you finish work between 12:30 a.m. and 7:00 a.m. Remember, as a 14 or 15 year old, you cannot work past 10:00 p.m. on a day before a school day. Page 22

26 Public Holidays and Public Holiday Pay What public holidays do I get? In Saskatchewan there are 10 public (sometimes called statutory) holidays per year: New Year s Day, Family Day, Good Friday, Victoria Day, Canada Day, Saskatchewan Day, Labour Day, Thanksgiving Day, Remembrance Day and Christmas Day. Do I get paid for public holidays? All workers, including managers, get paid for these 10 public holidays. You do not have to work on the day to get public holiday pay. Your holiday pay is five per cent (1/20) of your regular wages (not including any overtime pay) earned in the four weeks before the holiday. For example if you earned $ in the four weeks before Labour Day, your public holiday pay would be $20.00 (.05 x $400.00). What if I work on a public holiday? If you work on a public holiday, you get paid 1.5 times your hourly wage for all the hours you work that day plus public holiday pay. This includes managers. Annual Holidays and Annual Holiday Pay Do I get time off work for annual holidays (vacation)? All workers in Saskatchewan, including part-time, casual, temporary, seasonal or full-time, get three weeks of annual holidays (vacation) after working for one year with the same employer. The employer has the right to decide when you can take your annual holidays (vacation). Am I paid for my annual holidays (vacation)? You get annual holiday pay of 3/52 (six percent) of your total wage even if you are a casual, temporary, seasonal or part-time worker. You get annual holiday pay even if you have not worked a full year. Discharge and Lay-off What happens if I m let go from my job? If there is not enough work, your employer may ask you to stop working. This is called being laid off. If you are laid off, your employer may tell you ahead of time that they do not need you to work any more. This is called getting notice. If the employer wants you to stop work immediately, he or she can pay you the money you would have earned if you had worked for the notice period. This is called pay in lieu-ofnotice (instead of notice). The amount of notice or money you get depends upon how long you have worked for the employer. (See the chart below for notice you would get). For example, if you had worked for two years for the same employer, Page 23

27 you would get two weeks notice or two weeks pay if the employer had to lay you off right away. For the first three months you work, an employer doesn t have to give you notice or pay in lieu of notice if you are laid-off. Length of Service Minimum Notice Length of Service Minimum Notice 0-3 months 0 weeks 3-5 years 4 weeks 3 months 1 year 1 week 5-10 years 6 weeks 1 3 years 2 weeks 10 years and over 8 weeks If your employer tells you to leave your job right away, this is called getting fired. If you are fired for just cause, notice or pay in lieu of notice is not required. This usually means that you have been fired for a serious reason or action, for example, theft or violence. Will I be fired if I get sick and can t go to work? Employers can t fire or discipline you if you are away from work because of sickness or illness. You must have worked for the employer for at least 13 continuous weeks for this to apply and you can t be away from work any longer than: 12 days in a year for an illness or injury that is not serious; or 12 weeks in 52 weeks for a serious illness or injury. You don t get paid for the time you take off if you are sick or injured unless your employer has paid sick leave. It is your responsibility to call your employer to report your illness. Page 24

28 Review and Self-Check Now that you have finished this module, you are able to: Describe the role labour standards play in the workplace. Accurately identify worker and employer rights and responsibilities around Labour Standards. Explain the parts of a pay stub. Have a plan to deal effectively with conflict in the workplace. Describe ways to start a conversation with your employer about a conflict in the workplace. Identify who to contact and where to go for more information about fair workplace practices. The following activities will help you to review some of the key ideas in this module. 1. True or False? T/F 1. I have worked for the same employer for six months. My employer has to give me two weeks notice before laying me off. 2. If I am 14 or 15, I can work until midnight on the night before a school day. 3. My employer at the convenience store has to provide free transportation home if I get off work between 12:30 a.m. and 7:00 a.m. 4. I can make a claim for unpaid wages within one year of when they were due. 5. The employer has to pay me six days after the end of my pay period. 6. Under Labour Standards, I am entitled to a coffee or rest break every four hours. 7. If I work for a company owned by a family friend, I can be paid less than minimum wage. Page 25

29 T/F 8. My employer must give me notice of when my work ends and begins over a period of one week. 9. Overtime pay is two times my regular wage. 10. If I have to wear a uniform when I work at the hotel, the employer can ask me to pay a reasonable damage deposit on it. 11. Cash shortages from my till can t be deducted from my paycheque. 12. The rule about having to receive a work schedule for a one-week period doesn t apply to Stacey because she only works part-time. 13. Saskatchewan Day is not a public holiday. 14. My pay stub must show what my net pay for the pay period is. 2. Workplace Scenario Angela has a job at a local restaurant during the summer months. She usually works a shift from 2:30 p.m. 11:00 p.m. She is allowed to take a 20-minute lunch break and two 10-minute coffee breaks. Angela and the other servers do not take their breaks at the same time. Sometimes it is so busy; the employer says they can t have any breaks at all. One day some school friends of Angela s came into the restaurant for coffee. Angela arranged with her co-worker to take a 10-minute break so she could visit with her friends. When her ten minutes were up, she went back to work. Her employer told her that it was company policy that employees were not allowed to take breaks with restaurant customers. Angela thought it was unfair that she couldn t have her break with whomever she wanted. Can the employer do that? a) What are the workplace problems or issues? b) What are Angela s rights and responsibilities? c) What is one strategy Angela might use to address the problem? d) If Angela decides to discuss the issue with her employer, how could she start the discussion? Page 26

30 3. Crossword Puzzle: Labour Standards Language Across Down 1. The Labour Standards Act sets minimum 2. Instead of. standards for working conditions. 3. Good Friday is a holiday. 9. Tells you when your work begins and ends. 4. Every 2 weeks. 10. Money you get before anything is taken off 5. One right after another. your paycheque. 6. Income tax must be taken off your 11. Working more than 8 hours worked in a day. paycheque. 12. Minimum call out is at least times the 7. A was found for the problem. minimum wage. 8. The least amount you can be paid per hour. Words to Use: Overtime Minimum Wage Fair Three In lieu Resolution Public Bi-weekly Schedule Gross pay Consecutive Deductions i d 9 c - n 7 r 8 10 o 11 v t 12 EclipseCrossword.com Page 27

31 4. Calculating Wages Max worked 10 hours on Saturday. He gets paid minimum wage. a) Will he get paid overtime? b) How much will he be paid for that day? c) Is that amount his gross pay or net pay? Page 28

32 Answer Keys Module 2: Fair Workplace Practices Answer Key for Module 2 Activities Activity 1: Labour Standards Rights and Responsibilities 1. Michael must be paid the current minimum wage of $ Yes, the employer must let Michael know what days and hours he will be working for a period of at least one week. The schedule should be in writing and posted where everyone can easily see it. (Note: Some employers work schedules to their employees.) Michael has a responsibility to know when the schedule is posted or ed to him and look at the schedule. Then, he has a responsibility to show up on time for his shift. 3. Yes, Michael has a responsibility to wear the uniform his employer supplies even if he doesn t like the colour. Because he works in a restaurant, his employer is responsible for cleaning and repairing the uniform. 4. No, because he works in a restaurant, if the employer requires him to wear a uniform, he does not have to pay for it. The employer may ask for a damage deposit, which is returned when Michael leaves this job. 5. No, The Labour Standards Act does not require employers to provide coffee breaks. 6. Michael has a responsibility to return from his meal break on time. 7. No, the cost of things he accidentally breaks cannot be deducted from his pay. 8. Yes, employers in a restaurant must provide free transportation home for each worker who finishes work between 12:30 a.m. and 7:00 a.m. Page 29

33 9. Because this is the summer holidays, (Michael is not in school) and Michael s employer required him to report for work, the minimum call-out rule applies. Under the rule he would get either his wage for the hours he worked or minimum call-out pay, whichever is more. Wage: 2 hours x $9.25 = $18.50 Minimum Call-out: 3 hours x $9.25 (minimum wage) = $27.75 Because the minimum call-out pay is greater than his wages for those hours, he would receive $ Yes, Michael should get a meal break. Since he is scheduled to work more than six hours, he should get an unpaid 30-minute meal break within the first five consecutive hours of work. Activity 2: Questions to Ask Your Employer Some things you may have put in your list include: 1. What is my schedule? 2. What breaks do I have? 3. Do I need to wear a uniform? 4. What are some of the tasks I ll be doing in this job? 5. What is my wage? 6. How and when will I be paid? 7. Is this workplace unionized? 8. Will I need to buy anything like tools, boots or uniforms? 9. Who is my supervisor? Page 30

34 Activity 3: Michael s First Paycheque 1. Michael s hourly rate of pay is $ hours 30 hours of regular time and two hours of overtime. 3. The pay period is June 7 June 20, The employer has to pay workers no later than 6 days after the end of the pay period. Yes, the employer followed the rules. 5. Overtime is 1.5 times your hourly rate for each hour of overtime worked (1.5 x $9.25 = 13.87). Michael worked two hours of overtime (2 x 13.87) so he was paid $ This is the first time Michael has been paid, so he only has had EI deducted once. The amount of EI in the Year to Date column will be different on his next paycheque. 7. Net pay is calculated by subtracting the total deductions from the total earnings. $ $71.02 = $ Activity 4: Conflict Situations Julia a) Julia thinks she should be paid the same wage regardless of whether she is being trained or not. The employer thinks he has a right to pay Julia less when she is less productive and learning how to do a new task. b) Rights The employer has to pay Julia for time spent on workplace training. Julia has to receive at least the minimum wage for each hour worked. The employer should have clearly stated the differences in wage rates when he hired Julia. Responsibilities - Julia has a responsibility to learn the labour standards rules that apply to her situation. She may want to phone the Help Line to find out what the rules are in relation to her wages. c) Personal opinions will vary. You may think Julia should let it slide because the pay is better than minimum wage most of the time or you Page 31

35 may think Julia needs to talk to her employer to find out exactly what the rules and procedures are around training and wages. d) You may have suggested something like this: I would like to find a time to discuss training wages. I am confused about when I receive training wages and when I receive my regular wage. Could you explain the policy to me? Megan a) The issues involve attendance at staff meetings, not being paid for attending the meeting, days off, and the employer s need to hold meetings that all staff can attend. b) Rights Since it is summer, Megan is entitled to minimum call-out pay of $27.75 regardless of whether breakfast is supplied at the staff meeting or not. Full-time students in grade 12 or less do not get minimum call-out during the school year. Whenever the employer requires an employee to be at work, the worker must be paid. Megan is entitled to two days off if she works more than 20 hours per week and the convenience store has more than 10 employees. If she has to come in on Wednesdays, she is eligible for another day off (as the staff meeting is regarded as time worked). Responsibilities If Megan s employer requires her to be at the staff meeting, it is her responsibility to attend. c) Personal opinions will vary. d) You may have suggested something like this: I wonder if I could get some information about Wednesday s staff meeting. I m confused about whether my attendance at the staff meeting is considered work time. I wonder if we could talk about it. I would like to find some time to talk about my attendance at the staff meeting. Page 32

36 John a) The workplace issue is whether John is entitled to notice before being let go. He also has to decide whether to talk to his employer about his performance in the workplace and decide whether to ask for a reference. b) Rights John has only worked at the hardware store for two months so he is not entitled to any notice before being let go. He has to work for at least three months for the same employer before he is entitled to one week s notice or pay in lieu of notice. The Labour Standards Act does not require the employer to provide feedback to workers. Some employers are comfortable doing this and others are not. Responsibilities John has a responsibility to leave the workplace as required by the employer. c) Personal opinions will vary. d) If you suggested that John talk to his employer, you may have suggested something like this: I understand that today is my last day of work. Would you have time to talk to me before I leave? Before I leave today, will you have time to talk to me about my work skills? I am wondering if there are things I could improve or do differently in my next job. Page 33