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Difference between revisions of "My Employer Isn't Paying My Wages"
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My Employer Isn't Paying My Wages (view source)
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{{Template:Legal Help Guide TOC}}As an employee, you are entitled to be paid for all of the hours that you worked, within a short period after completing the work. If you have worked overtime, you may be entitled to additional pay for the excess hours. You may also be entitled to pay for statutory holidays. | {{Template:Legal Help Guide TOC}}This section is intended for non-unionized employees. For unionized employees, see the box below entitled "Tips & Notes". | ||
As an employee, you are entitled to be paid for all of the hours that you worked, within a short period of time after completing the work. If you have worked overtime, you may be entitled to additional pay for the excess hours. You may also be entitled to pay for statutory holidays. | |||
If you can't resolve a problem relating to unpaid wages directly with your employer, you generally have two options for taking <span class="noglossary">action</span>: | If you can't resolve a problem relating to unpaid wages directly with your employer, you generally have two options for taking <span class="noglossary">action</span>: | ||
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*make a claim through either the provincial or federal labour ministries. | *make a claim through either the provincial or federal labour ministries. | ||
It is important to get legal advice about both of these options. This is important because once you have begun one of these processes, you may be legally prevented from switching to or using the other process. It is also important to understand which forum is best suited for your particular problem. Generally, the provincial ministry (i.e., Employment Standards Branch) will assist you in enforcing your rights under the the provincial Employment Standards Act. The federal ministry (i.e., Employment and Social Development Canada) will assist you in enforcing your rights under the Canada Labour Code. Courts generally do not allow you to start a court action if your problem can be addressed through | It is important to get legal advice about both of these options. This is important because once you have begun one of these processes, you may be legally prevented from switching to or using the other process. It is also important to understand which forum is best suited for your particular problem. Generally, the provincial ministry (i.e., Employment Standards Branch) will assist you in enforcing your rights under the the provincial Employment Standards Act. The federal ministry (i.e., Employment and Social Development Canada) will assist you in enforcing your rights under the Canada Labour Code. Courts generally do not allow you to start a court action if your problem can be addressed through the provincial or federal labour ministry. Rather, courts generally only deal with problems that fall outside of Employment Standards Act and Canada Labour Code. | ||
This section <span class="noglossary">will</span> focus on how to make a claim through the provincial and federal labour ministries. Which ministry to make your claim through <span class="noglossary">will</span> depend on whether your employer is ''provincially regulated'' or ''federally regulated''. Most employers are provincially regulated, but the following are federally regulated: | This section <span class="noglossary">will</span> focus on how to make a claim through the provincial and federal labour ministries. Which ministry to make your claim through <span class="noglossary">will</span> depend on whether your employer is ''provincially regulated'' or ''federally regulated''. Most employers are provincially regulated, but the following are federally regulated: | ||
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#Contact your employer and see if you can resolve the problem directly. | #Contact your employer and see if you can resolve the problem directly. | ||
#Obtain a "[http://www.labour.gov.bc.ca/esb/self-help/welcome.htm Complaint Process Self-Help Kit]" from the [[Employment Standards Branch of BC]] as soon as possible. The self-help kit is designed to help employees and employers solve workplace disputes quickly and fairly. It includes a Request for Payment form and a letter from the Employment Standards Branch for you to give to your employer. | #Obtain a "[http://www.labour.gov.bc.ca/esb/self-help/welcome.htm Complaint Process Self-Help Kit]" from the [[Employment Standards Branch of BC]] as soon as possible. The self-help kit is designed to help employees and employers solve workplace disputes quickly and fairly. It includes a Request for Payment form and a letter from the Employment Standards Branch for you to give to your employer. | ||
#Your employer has 15 days to respond to your Request for Payment. If he or she does not, or the matter is not resolved, you can file a [http://www.labour.gov.bc.ca/esb/facshts/complaint.htm complaint form] with the Employment Standards Branch. Note that you have ''six months'' to file a complaint from the time the wages were not paid or your employment ended. If you are within 30 days of the end of the six-month period, you should file your complaint with the Employment Standards Branch and ''then'' use the self-help kit to try and resolve the problem. | #Your employer has fifteen (15) days to respond to your Request for Payment. If he or she does not, or the matter is not resolved, you can file a [http://www.labour.gov.bc.ca/esb/facshts/complaint.htm complaint form] with the Employment Standards Branch. Note that you have ''six (6) months'' to file a complaint from the time the wages were not paid or your employment ended. If you are within thirty (30) days of the end of the six-month period, you should file your complaint with the Employment Standards Branch and ''then'' use the self-help kit to try and resolve the problem. | ||
=== What happens next === | === What happens next === | ||
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=== First steps === | === First steps === | ||
#Contact your employer and see if you can resolve the problem directly. | #Contact your employer and see if you can resolve the problem directly. | ||
#If your employer has not responded, or if the problem has not been resolved, obtain a "[http://www.servicecanada.gc.ca/cgi-bin/search/eforms/index.cgi?app=prfl&frm=lab1166&ln=eng Complaint Form]" from Service Canada. You must file the complaint within | #If your employer has not responded, or if the problem has not been resolved, obtain a "[http://www.servicecanada.gc.ca/cgi-bin/search/eforms/index.cgi?app=prfl&frm=lab1166&ln=eng Complaint Form]" from Service Canada. You must file the complaint within ''six (6) months'' of when your employer was required to pay you the amount. | ||
{{Tipsbox | {{Tipsbox | ||
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Your complaint will be reviewed by a Labour Program inspector, who will determine whether a violation has occurred. If you or your employer disagree with the findings, there will be an opportunity to provide more information before a final determination is made. | Your complaint will be reviewed by a Labour Program inspector, who will determine whether a violation has occurred. If you or your employer disagree with the findings, there will be an opportunity to provide more information before a final determination is made. | ||
If you or your employer are not satisfied with the final determination, you can request a review to the Minister of Labour within 15 days after the notice was served. If, after the review, you or your employer remain unsatisfied, you can appeal to a referee. | If you or your employer are not satisfied with the final determination, you can request a review to the Minister of Labour within fifteen (15) days after the notice was served. If, after the review, you or your employer remain unsatisfied, you can appeal to a referee. | ||
== Where to get help== | == Where to get help== | ||
