Best Employment Rights Lawyers in Burnaby
Share your needs with us, get contacted by law firms.
Free. Takes 2 min.
List of the best lawyers in Burnaby, Canada
About Employment Rights Law in Burnaby, Canada
Employment Rights Law in Burnaby, Canada, falls under both federal and provincial jurisdiction. This includes regulation of hours of work, minimum wage, leave entitlements, workplace safety, and termination rights among others. The provincial laws, as defined by the British Columbia Employment Standards Act, cover most workplaces in Burnaby. Under certain circumstances, however, federal laws may be applicable such as for federal employees and industries under federal regulation (like banking and broadcasting).
Why You May Need a Lawyer
You may require legal assistance if you believe your employment rights have been violated-for example, in cases such as wrongful termination, workplace harassment, unpaid wages, unfair labor practices, or discrimination based on race, sex, age, or disability. An employment rights lawyer can provide legal advice and representation in negotiations, mediations, or court trials, ensuring that you understand your rights, the legal system, and are fairly treated.
Local Laws Overview
Key aspects of Employment Rights in Burnaby include the minimum wage law (currently $15.20 per hour), the right to be free from workplace harassment and discrimination, health and safety in the workplace, and the right to severance payment in case of termination without proper cause. The Employment Standards Act in British Columbia sets the minimum standards for fair treatment of employees, however, some workers are covered by other laws. If in doubt, it is advised to seek legal advice.
Frequently Asked Questions
What are my employment rights regarding hours of work?
Under the British Columbia Employment Standards Act, an average workday cannot exceed 8 hours and an average workweek cannot exceed 40 hours, unless the employer receives written consent from the employee.
What maximum overtime rate can I expect?
Overtime compensation in Burnaby is at least 1.5 times the regular wage rate, and double the regular wage for work over 12 hours.
Am I entitled to annual vacation pay?
Yes, employees are entitled to at least 2 weeks of vacation after 1 year of employment, and 3 weeks after 5 years of employment. The vacation pay is at least 4% of the wages during the "year of employment".
What are my rights if I am terminated?
If an employee is terminated having worked more than 3 consecutive months, an employer is required to deliver a written notice or severance pay.
Can I be dismissed while on maternity or parental leave?
No, an employee is protected against dismissal, demotion, and pay cuts while on maternity or parental leave.
Additional Resources
The Employment and Assistance Appeal Tribunal, the BC Employment Standards Branch, and The Canadian Human Rights Commission are valuable resources for understanding your rights. Legal advice can be sought from community clinics and legal aid offices in Burnaby.
Next Steps
If you need legal assistance for your employment rights, it is advisable to first learn about your rights from reliable sources. Keep a record of all relevant details and if you decide to pursue a legal remedy, hire an experienced employment lawyer or get legal help from legal aid services. Always ensure that your actions are guided by professional legal advice.
Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.