PLEASE NOTE: THIS INFORMATION IS OUTDATED (it is retained here for comparison purposes only)

See

http://www.labour.gov.bc.ca/esb/esaguide/

for current information

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A Guide to the Employment Standards Act

4. PAYING WAGES

Minimum Wages

As of April 1, 1998, the minimum hourly wage is $7.15.

Minimum wages for live-in home support workers, resident caretakers and farm workers who harvest certain fruit and vegetable crops are set out in Part 4 of the Regulation.

For more information on resident caretakers, see the related Fact Sheet

For more information on farm workers, see the related Fact Sheet

Paydays

All employees must be paid at least twice a month. All money earned in a pay period must be paid within 8 days after the end of the pay period except annual vacation pay and wages credited to an employee's time bank (see Chapter 7 - Overtime). A pay period may not exceed 16 days.

If An Employee is Terminated

The employee must be paid in full within 48 hours after being terminated or fired. If an employee resigns or quits, he or she must be paid in full within 6 days. If an employee cannot be located, the employer must pay the wages to the Branch within 60 days. The Branch holds these wages in trust for the employee..

Forms of Payment

Wages must be paid in cash, by cheque, bank draft or money order, or by direct deposit to an employee's bank account. Payment by direct deposit must be authorized in writing by the employee or by a collective agreement.

Wage Deductions

An employer may only make deductions from an employee's wages without the written agreement of the employee if the deductions are required or permitted by this or another Act of British Columbia or Canada. Examples of required deductions include those for income tax, Canada Pension Plan and Unemployment Insurance.

Wage Deductions Requested by Employees

An employee may request in writing that the employer pay part of his or her wages to a third party. This is called an assignment of wages. An employer must pay assigned wages to:

• a trade union under the Labour Relations Code (union dues)
• a charitable or other organization
• a pension or superannuation plan
• an insurance company for medical or dental coverage, and
• a person to whom the employee is required to pay maintenance under the Family Maintenance Enforcement Act.

An employer must also honour an assignment of wages authorized by a collective agreement, and may honour a written assignment by an employee to pay a debt. Assigned wages must be paid within one month of being deducted. To cancel an assignment, an employee must notify in writing both the employer and the person or organization being paid.

An employee is not required to pay any of the employer's business costs, including damage, breakage or loss. If any such payments or deductions occur, the Branch may recover them for the employee.

Employer Payments as a Term of Employment

An employer who agrees as a condition of employment to pay an amount on behalf of an employee to a fund, insurer or other person must pay the amount in accordance with the agreement.

Wage Statements

On paydays, an employer must give each employee a written wage statement for the pay period which includes the following information:

• the employer's name and address,
• the hours worked by the employee,
• the employee's wage rate, whether hourly, salary, flat rate, piece rate, commission or other incentive basis,
• the employee's overtime rate(s),
• the hours worked at the overtime rate(s),
• any money, allowance or other payment the employee is entitled to,
• the amount and purpose of each deduction,
• if the employee is paid other than by the hour or by salary, how the wages were calculated,
• the employee's gross and net wages, and
• any amounts withdrawn from the employee's time bank and how much remains.
•  

Once an employer has provided the employee with a wage statement, a new statement is not required if the new statement would be the same as the last one.

A wage statement may be provided electronically if requested in writing by an employee or the employee's trade union. An employee or trade union may cancel a request by notifying the employer in writing.

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