Difference between revisions of "My Employer Isn't Paying My Wages"

From Clicklaw Wikibooks
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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 can't resolve the problem directly with your employer, you will need to know if your employer is '''provincially regulated''' or '''federally regulated'''. Most employers are provincially regulated, but the following are federally regulated:
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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. 
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Union Members:  If you belong to a union, your rights generally depend on the collective agreement, and they are normally enforced by asking the union to pursue a grievance on your behalf.  Talk to your shop steward or other union representative about the unpaid wages as soon as possible.
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If you don't have a union and can't resolve the problem directly with your employer, your first step depends on whether you belong to a union, and whether your employer is provincially regulated or federally regulated. Most employers are provincially regulated, but the following are federally regulated:
 
* Federal government and federal Crown corporations
 
* Federal government and federal Crown corporations
 
* Banks
 
* Banks
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== First steps if your employer is provincially regulated ==
 
== First steps if your employer is provincially regulated ==
 
# Contact your employer and see if you can resolve the problem directly.
 
# Contact your employer and see if you can resolve the problem directly.
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# Complete and submit a [http://www.labour.gov.bc.ca/esb/self-help/welcome.htm "Self-Help Kit"] from the Employment Standards Branch '''within six months''' of the non-payment of wages. It contains an information notice from the Employment Standards Branch, a Request for Payment, and a Fact Sheet. (See [[Employment Standards Branch]] in the Resource List of this guide for contact and website information.)
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# Complete and submit a "Self-Help Kit" from the Employment Standards Branch as soon as possible: see www.labour.gov.bc.ca/esb/self-help.
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You have six months to file a complaint from the time the wages were not paid or the date when 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 your problem. [See #22-Employment Standards Branch, in Part 2 of this Guide for contact and website information.]
  
 
== What happens next ==
 
== What happens next ==
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== First steps if your employer is federally regulated ==
 
== First steps if your employer is federally regulated ==
 
# Contact your employer and see if you can resolve the problem directly.
 
# Contact your employer and see if you can resolve the problem directly.
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# Complete and submit a '''Payment Claim Kit''' from the Labour Program of Human Resources and Skills Development Canada ("HRSDC"). (See [[Human Resources and Skills Development Canada]] in Part 2 of this guide for contact and website information.) The kit contains a labour standards pamphlet and a Payment Claim letter to your employer. Read the pamphlet and complete and send the Payment Claim letter to your employer.
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# If your employer has not responded within 10 days, contact the Complete and submit a Payment Claim Kit from the Labour Program of Human Resources and Skills Development Canada (“HRSDC”) by letter, telephone, or in person. (See [[Human Resources and Skills Development Canada]] in Part 2 of this guide for contact and website information.) The kit contains a labour standards pamphlet and a Payment Claim letter to your employer. Read the pamphlet and complete and send the Payment Claim letter to your employer.
  
 
{{Tipsbox
 
{{Tipsbox

Revision as of 20:48, 16 January 2012

Legal Help Guide
Legalhelpguidecover.png
This page is
from the wikibook
Legal Help for
British Columbians.
See the full contents
and contributors.
v • d • e

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.

Union Members: If you belong to a union, your rights generally depend on the collective agreement, and they are normally enforced by asking the union to pursue a grievance on your behalf. Talk to your shop steward or other union representative about the unpaid wages as soon as possible.

If you don't have a union and can't resolve the problem directly with your employer, your first step depends on whether you belong to a union, and whether your employer is provincially regulated or federally regulated. Most employers are provincially regulated, but the following are federally regulated:

  • Federal government and federal Crown corporations
  • Banks
  • Indian Bands and Tribal Councils
  • Inter-provincial or international railways, airlines and transportation companies

First steps if your employer is provincially regulated[edit]

  1. Contact your employer and see if you can resolve the problem directly.
  2. Complete and submit a "Self-Help Kit" from the Employment Standards Branch as soon as possible: see www.labour.gov.bc.ca/esb/self-help.

You have six months to file a complaint from the time the wages were not paid or the date when 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 your problem. [See #22-Employment Standards Branch, in Part 2 of this Guide for contact and website information.]

What happens next[edit]

Your employer has 15 days to respond to your Request for Payment. If he/she does not, or the matter is not resolved, you can file a complaint form with the Employment Standards Branch. (See Employment Standards Branch in the Resource List of this Guide for contact information.)

The ESB staff will investigate and offer to resolve your claim through mediation. If mediation does not work, it will be sent to a hearing before an adjudicator, who will hear from both sides and then make a decision called a determination.

If you are not satisfied with the determination of the adjudicator, you can appeal to the Employment Standards Tribunal or ask the tribunal for a reconsideration.

Where to get help[edit]

See the Resource List included in this Guide for a list of helpful resources. Your best bets are:

Before meeting with a lawyer or advocate, complete the form Preparing for Your Interview included in this guide. Make sure you bring copies of all documents relating to your case.

First steps if your employer is federally regulated[edit]

  1. Contact your employer and see if you can resolve the problem directly.
  2. If your employer has not responded within 10 days, contact the Complete and submit a Payment Claim Kit from the Labour Program of Human Resources and Skills Development Canada (“HRSDC”) by letter, telephone, or in person. (See Human Resources and Skills Development Canada in Part 2 of this guide for contact and website information.) The kit contains a labour standards pamphlet and a Payment Claim letter to your employer. Read the pamphlet and complete and send the Payment Claim letter to your employer.
Tipsandnotes.png
 To find out if your employer is federally regulated, call the Labour Program of Human Resources and Skills Development Canada (HRSDC) at 1-800-641-4049.


What happens next[edit]

Your employer has 10 days to respond to your Request for Payment. If he/she does not, or the matter is not resolved, you can file a Complaint Registration Form with HRSDC.

HRSDC will investigate your complaint and attempt to resolve it with you and your employer.

If the complaint can't be resolved, it will be sent to an independent adjudicator appointed by HRSDC, who will hear from both sides and then make a decision called a determination.

If you are not satisfied with the determination, you can appeal it to the Minister of Labour within 15 days of receiving the determination. The Minister will then appoint a referee to make a formal decision.

Where to get help[edit]

See the Resource Guide in Part 2 for a list of helpful resources. Your best bets are:

Before meeting with a lawyer or advocate, complete the form Preparing for Your Interview in Part 3 of this guide. Make sure you bring copies of all documents relating to your case.


This Guide explains the law and legal procedures in general. It is not intended to give legal advice on your particular legal problem, and should not be relied on for that purpose. Information in this Guide is accurate as at November 2012. Please note that fees and guidelines outlined in the Guide are subject to change.


v • d • e
 
Common Legal Problems

In law, (1) the federal and provincial governments and their departments and agencies, or (2) lawyers employed by the federal and provincial governments to prosecute criminal offences.

Under the Family Law Act, a term that describes the time a person who is not a guardian of a child, including a parent who is not a guardian, has with that child. Under the Divorce Act, a term that describes the time a person who is not a married spouse has with a child. See "guardian" and "parental responsibilities."

(1) The assertion of a legal right to an order or to a thing; (2) the remedy or relief sought by a party to a court proceeding.

A dispute resolution process in which a specially-trained neutral person facilitates discussions between the parties to a legal dispute and helps them reach a compromise settling the dispute. See "alternative dispute resolution" and "family law mediator."

In law, any proceeding before a judicial official to determine questions of law and questions of fact, including the hearing of an application and the hearing of a trial. See "decision."

In law, (1) a judge's conclusions after hearing argument and considering the evidence presented at a trial or an application, (2) a judgment, or (3) the judge's reasons. A judge's written or oral decision will include the judge's conclusions about the relief or remedies claimed as well as their findings of fact and conclusions of law. A written decision is called the judge’s "reasons for judgment." See "common law," "conclusions of law" and "findings of fact."

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A person licensed to practice law in a particular jurisdiction by that jurisdiction's law society. See "barrister and solicitor."

(1) A lawyer or a person other than a lawyer who helps clients with legal issues, or (2) to argue a position on behalf of someone.

(1) In law, a court proceeding; a lawsuit; an action; a cause of action; a claim. (2) A historic decision of the court; case law. See "action," "case law, " "court proceeding," and "precedent."

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