La Ley de Normas Laborales en British Columbia: Información básica

En B.C., los derechos de los trabajadores están protegidos por la Ley llamada Employment Standards Act (ESA). Esta ley establece los estándares mínimos que los empleadores deben cumplir en áreas clave como el salario mínimo, las horas de trabajo y las vacaciones pagadas. 

Salario Mínimo, Horas de Trabajo y Horas Extras 

Una de las disposiciones más importantes de la ESA es la garantía de un salario mínimo para todos los trabajadores. Al 2024, este salario es $17.40. El salario mínimo se establece regularmente mediante legislación y se ajusta para reflejar el costo de vida en la provincia. 

Además del salario mínimo, la ESA también regula las horas de trabajo. Establece límites en la cantidad de horas que un empleado puede trabajar en un día y en una semana, así como los períodos de descanso obligatorios entre turnos. En B.C., el día laboral son 8 horas, por las cuales el empleador ha de pagar la remuneración por hora regular. Cualquier hora trabajada luego de 8 horas y menos de 12 horas, debe ser remunerada a la rata de 1.5. el salario regular. Horas trabajadas después de 12 horas, deben ser remuneradas al doble del salario regular.  

Vacaciones y Licencias Pagadas 

Otro aspecto importante de la ESA es el derecho de los trabajadores a tomar vacaciones pagadas. Según la ley, los empleadores están obligados a otorgar un cierto número de días de vacaciones remuneradas a sus empleados cada año (dos semanas o 4% del sueldo anual, y luego de cumplir 5 años de trabajo, 3 semanas o 6% del sueldo anual). 

Además de las vacaciones pagadas, la ESA también establece licencias pagadas y no pagadas por motivos como enfermedad, maternidad o paternidad, y cuidado de familiares enfermos.  

Cumplimiento y Protección 

Para garantizar el cumplimiento de la ESA, el gobierno de B.C. cuenta con un sistema de aplicación de la ley. Los inspectores laborales tienen la autoridad para investigar denuncias de violaciones de los estándares laborales y tomar medidas correctivas cuando sea necesario. Además, los trabajadores que sientan que sus derechos han sido infringidos tienen el derecho de presentar quejas y buscar compensación. 

Catalina es abogada especializada en derecho laboral in B.C. y regularmente asiste tanto a compañías como a empleados. También es mediadora e investigadora en asuntos laborales.

Este blog provee información general y no constituye asesoría jurídica. Cada situación debe ser evaluada en contexto. Necesita asesoría en materia laboral en Español? Catalina puede ayudar. Llamenos al (604) 535-7063 o escribanos[email protected]. 

Breaking Down Emotional Barriers to Conflict Resolution: How a Mediator Can Help 

In a previous blog, I posted about debunking mediation myths in which I explored one of the emotional barriers to mediation – a feeling that agreeing to mediation is a sign of “weakness.” I have been pondering a lot about other emotional barriers to conflict resolution, this time, during the mediation itself. Agreement to mediate is a great first step, but getting to a deal will take work during the mediation process and mediators can assist with navigating the difficult emotions that often arise. For represented parties, legal counsel has also a vital role to play in ensuring the parties feel comfortable and trust the process.

1. Anger and Resentment

These are common emotions that surround unresolved conflicts. Left unchecked, anger and resentment can escalate tensions and derail productive dialogue. These feelings can sometimes even transfer to legal counsel representing the parties. While emotions are allowed and can be necessary and productive at mediation, a mediator can, and should, defuse a volatile situation and create a safe, supportive environment for communication. One of the ways I do this is by creating rules of engagement that both parties can agree on, taking a break when those rules have been breached and speaking to the parties separately, as well as encouraging mutual active listening.

2. Fear and Uncertainty

Fear of loss, rejection, or further conflict are common during mediations. Parties may be hesitant to express their true feelings or needs due to fear of vulnerability or judgement. I help alleviate fear and uncertainty by providing clear guidance and reassurance throughout the process. By outlining the mediation process, setting expectations, addressing concerns and reminding the parties that they are empowered to come up with solutions in a safe forum, mediators can help parties feel more comfortable to participate fully.

3. Lack of Trust

Trust is essential for effective mediation, yet it can be challenging to establish, especially in high-conflict situations where parties come to the table with feelings of having been betrayed or wronged. Sometimes, the very purpose of the mediation is to rebuild that trust. I work towards rebuilding the trust between parties by creating a process they can trust, as a starting point. Also, by demonstrating impartiality, confidentiality, and empathy, and by inviting the parties to actively listen to each other’s perspective. I have found it common that parties have been unaware of each other’s perspective until they hear it for the first time during a mediation or read the other party’s mediation brief.

A mediator can skillfully validate concerns and reframe contentious issues in a neutral manner to foster trust and credibility. Sometimes though, as in the case of many employment disputes under litigation where there is no longer an active employment relationship, the purpose of the mediation is not to build trust for an ongoing relationship, but to work towards a resolution that puts an end to the existing litigation. By assisting the parties to stay focused on outcomes and evaluate their best alternative to a negotiated resolution, a mediation can be successful in reaching a lasting resolution of the issues even when the trust is not restored.

4. Resistance to Change

Embracing change can be daunting, especially when it involves letting go of deeply held beliefs, values, or expectations. Parties may resist proposed solutions out of fear of the unknown or reluctance to relinquish control. One of the very first mediations I did back in 1999 as a law student in Bogota involved a man who had loaned money to a woman. He went to see her several times per week to ask for the money back. She felt harassed and overwhelmed. When speaking to the man alone in a breakout room, he shared with me that those visits to discuss loan collection had become part of his routine. He was a retiree, and he was lonely. Any resolution meant his routine would change and he would have to let go of seeing the woman. He did not want change and his reluctance to change was a barrier to resolution. As a mediator, I can assist parties overcome resistance to change by reframing perspectives, exploring alternative options, asking questions and highlighting the potential benefits of resolution.

Emotional barriers are inherent in mediation, but they can be overcome. With the guidance of a skilled and empathetic mediator, parties can navigate their emotions, overcome obstacles, and find meaningful resolution to their conflicts.  

Thinking about mediation? Forte Workplace Law has a growing mediation practice with mediators Sara Forte, Catalina Rodriguez and Jess Hadley. Contact us for details on our offerings and availability: [email protected] or call us 604-535-7063. This blog is not intended to serve as legal advice, and only provides general information. 

Catalina Rodriguez is a workplace investigator, mediator, and counsel to both employers and employees.  

This blog is not intended to serve as legal advice, and only provides general information. Every situation must be considered on its own facts. Need legal advice? Contact us by phone at 604 535-7063 or email [email protected].

Is your lawyer a great coach?

I am a shameless advocate for coaching. I graduated some years ago from a coaching certificate at UBC and came out transformed. So much so that I now believe everyone should become a coach and that everyone would benefit from coaching. It would be the first step towards a conflict- free workplace. Which would perhaps mean that there will be no need for employment lawyers and leave me unemployed. But I digress.

Coaching helped me to approach difficult conversations, client management, and workplace investigations. Knowing the basics of coaching can transform the lawyer-client relationship.

A great coach listens. Intently.

A great lawyer will do the same and will work to understand the reality of what their client is experiencing.

A great coach asks powerful questions.

A great lawyer, through both open and closed questions, will get to a deeper understanding of their clients’ intentions. This can be as simple as asking “why?” more than once. An example of this is the client who says they want their job back and is asking the lawyer to press for this. Ask them “why?” and then listen. By doing so you may find that they are underestimating their transferable skills, have lost their sense of value, or are afraid of change. A great lawyer uses the power of questioning to explore what is beneath the surface of their client’s needs and motivation. In doing so they ensure they can build strategy that will stand the test of time.

A great coach practices reflective listening.

It has been proven time and again that reflecting back what someone tells you is a powerful way to make sure you understand, and to ensure people felt heard and understood. This will ensure that the trust required between lawyer and client is built on solid foundation of common ground and trust.

A great coach sees the client as capable of resolving their situation.

While people seek legal advice for the lawyer’s expertise, sometimes all they need is information to even the playing field, and an objective sounding board. A great lawyer will agree with the client how much of the lawyer’s involvement is required, on what capacity, and how much the client can, or wants, to achieve on their own.

A great coach acknowledges the emotions in the room.

Sometimes this is just saying “I can hear it in your voice that this has been very difficult for you”. Long gone should be the days where lawyers complain that what their client needs most is “a psychologist and not a lawyer”, or that the practice of law “would be great if it wasn’t for the clients”. Excuse me while I gasp for breath … really? A great lawyer knows the work of accepting difficult emotions. They coach themselves in how to navigate the range of emotions we all experience as human beings.

A great coach calls you on your B.S.

A great lawyer does too. And not just on the obvious legal mis- compliance issues, but on the blind spots in how the client is managing their business or their situation. I tell clients from the outset that they will get straightforward advice from me without sugar-coating. So far, it has always been appreciated.

A coaching approach is not for every lawyer-client relationship, but in employment law, which is entirely people-centered, it is a great added value to get the most out of your legal fees.

This blog is not intended to serve as legal advice, and only provides general information. Every situation must be considered on its own facts.

Need legal advice? Contact us by phone at 604 535-7063 or email [email protected].

So you have been served with a wrongful dismissal lawsuit, what’s next?

So you have been served with a wrongful dismissal lawsuit, what’s next?

We are regularly contacted by businesses who have been served with a wrongful dismissal lawsuit by a former employee.  This can be very stressful and for many, the first time they have been sued.  Here are answers to some of the most frequently asked questions that we have received from businesses who have been sued by former employees.

  1. Do I need a lawyer?

Probably.  Hiring a lawyer to help you defend a lawsuit is a sensible idea.  Lawyers can help explain your rights and obligations, assist in preparing documents and advise you on court rules and procedures, which can be complicated.

Some employers prefer to defend themselves and there are a number of helpful online resources from the Provincial Court (https://www2.gov.bc.ca/gov/content/justice/courthouse-services/small-claims/how-to-guides) and Supreme Court (https://www.bccourts.ca/supreme_court/self-represented_litigants/)  which you should access.

  1. Is this lawsuit public?

Yes.  Once a Notice of Civil Claim is filed in either the Provincial or Supreme Court it is accessible to the public.  Any documents that are filed with the Court, like a Defendant’s Response or Affidavits are also accessible to the public.  In rare cases, a party can request that documents filed with the Court be “sealed” or labelled confidential which means that they are not accessible by the public.

  1. How much will it cost?

It is always difficult to estimate how much defending a lawsuit will cost.  There are filing fees that are set by the Court.  If you hire a lawyer, then you will also have to pay legal fees for their time in assisting you.  Most lawyers charge an hourly rate and those rates can vary.  How complicated the case is will also have an impact on the overall cost.

Bottom line, litigation can be costly, so make sure to ask your lawyer from the outset about their fees and for them to give you a range of the expected cost.  You should also ask your lawyer for regular updates about their fees at each step of litigation.

  1. When will I have to pay?

Your lawyer should provide you with a retainer agreement or an engagement letter which sets out the terms of the retainer, including when payment is due.  You may be required to provide an initial retainer when you first hire the lawyer.  Most lawyers require you to pay monthly for any time spent working on your file.

For more information about lawyer’s fees and retainers, see the Law Society of B.C.s website:  https://www.lawsociety.bc.ca/working-with-lawyers/lawyers-fees/

You may also end up having to pay your former employee damages, often in the form of more severance pay. Most cases settle before a trial, so payment happens then, or if you may have to pay the employee after a trial and award, which could take 12 months or more.

  1. What happens if I don’t defend it?

If you “do nothing” and decide not to defend the lawsuit, the Plaintiff (the person who sued you) can go to Court and ask for a Default Judgement against you.  If the Plaintiff is successful, then the Court issues an Order stating that the Plaintiff “wins” their lawsuit.  The Plaintiff can then take steps to enforce that Default Judgment against you, which can include garnishing wages, freezing bank accounts or putting liens on property you own.

There are a number of online resources available to help you navigate a lawsuit, including pro bono legal services.  Here is a good summary of some of those resources:  https://www.lawsociety.bc.ca/working-with-lawyers/resources-on-the-justice-system/

Wherever you decide to go, it is important to consult a lawyer to make sure you understand your rights and obligations.

 

This blog is not intended to serve as legal advice, and only provides general information.

Every situation must be considered on its own facts. Need legal advice? Contact us by phone at 604 535-7063 or email [email protected].

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Equity, Stock Options, RSUs – The Basics

Equity, Stock Options, RSUs – The Basics

So, your employer granted you stock options, restricted share units (RSUs), phantom stock options or some other kind equity compensation. Great news, right? Or is it? Over the years, countless employees have confided in me that they aren’t exactly sure what they have received, what the value is, or how to realize the value. If this sounds familiar, read on!

Understand the Jargon 

Equity compensation comes with a vocabulary all its own – vesting, exercise price, tranches, stock options, restricted shares, phantom stock, equity plan, to name a few such terms.  What are vested options vs. unvested options? What is a stock option vs. stock?  A restricted share unit vs. a share? These words and concepts can be the difference between a big  dollar equity payout and zero. If you don’t know the jargon, it will be impossible to understand what you’ve been granted, so you need do some research.

Ask Questions 

All employees are entitled to understand their compensation packages. Unfortunately, when it comes to the daunting landscape of equity compensation, it can be hard to know what questions to ask, or even whom to ask. And when equity compensation is part of a new hire package, many are understandably reluctant to ask for details. As a starting point, ask questions of the company’s human resources department or the recruiter who hired you. If they can’t help you, find someone who can. Always ask for copies of documents that are referenced in the compensation letter such as the underlying stock option or equity “plan”, and the “standard equity grant agreement.” The small print really can make all the difference.

What Happens if You Leave the Company? 

Equity compensation is generally used as a retention tool, sometimes referred to as “golden handcuffs” to keep you with the company. This means that payouts may only happen if you stay for a long period of time, and have no value if you leave the company before a set date. For this reason, it’s important to know what happens to your equity compensation if you resign or your employment is terminated. For example, an ill-timed resignation may mean you lose your right to significant portions of your equity package. This underlines the importance of taking the time to ask questions at the outset to avoid nasty surprises down the road. If you are thinking of quitting or have been terminated, it’s a good idea to consult with an employment lawyer who has experience with equity compensation as there could be a lot at stake.

This blog is not intended to serve as legal advice, and only provides general information.

Every situation must be considered on its own facts. Need legal advice? Contact us by phone at 604 535-7063 or email [email protected].

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Top 3 Reasons to Get Legal Advice

Is a career move on your resolutions list for 2017?

Here are the top 3 reasons why you should get legal advice before you accept an employment offer:

  1. You will understand what you are signing.  Even if the contract is truly non-negotiable (I will get to this later), it is so important to read and fully understand what you are signing.  The general rule is that you are stuck with what you have signed, and a judge will not accept "I didn't read it" or "I didn't understand it."  I can help translate the "legalese" to eliminate nasty surprises down the road.
     
  2. You may be agreeing to limitations that last longer than the job.  Many contracts include obligations that last well beyond termination of employment.  These can include significant restrictions on your ability to work for competitors, or to solicit customers.  Depending on the wording, these restrictions may or may not be legally enforceable, and it is best to get advice on this BEFORE you agree to them.
     
  3. You may be able to negotiate a better package.  Very few employees make any attempt to negotiate employment offers.  In my experience, a reasonable counter-offer, presented respectfully, can get results.  I can help by objectively assessing your negotiating position, developing a negotiating strategy and script, and coaching you through the negotiation.  Any increase you can get in your package will have compounding results, year after year of employment, and makes for great return on investment for your legal costs. 

I am looking forward to helping my employee clients reach their career and financial goals in 2017 by reviewing and negotiating employment offers.

This blog is not intended to serve as legal advice, and only provides general information. Every situation must be considered on its own facts.

Need legal advice? Contact us by phone at 604 535-7063 or email [email protected].

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