My Employer Isn't Paying My Wages

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.

If you can't resolve a problem relating to unpaid wages directly with your employer, you generally have two options for taking action:

• sue directly in Small Claims Court (or the Supreme Court), or
• make a claim through either the provincial or federal labour ministries.

It is important to get legal advice about both these options. This is because once you have begun one of these processes, you may be legally prevented from switching to or using the other process.

This section will focus on how to make a claim through the labour ministries. Which ministry to make your claim through will depend on 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, and
• inter-provincial or international railways, airlines and transportation companies.

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 any unpaid wages as soon as possible.

If your employer is provincially regulated

First steps

1. Contact your employer and see if you can resolve the problem directly.
2. Complete and submit a "Complaint Process Self-Help Kit" from the Employment Standards Branch of BC as soon as possible. Note that 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 of BC and THEN use the Self-Help Kit to try and resolve your problem.

What happens next

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 of BC.

The Employment Standards Branch 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.

If your employer is federally regulated

First steps

1. Contact your employer and see if you can resolve the problem directly.
2. If your employer has not responded within 10 days, complete and submit a "Payment Claim Kit" from Employment Standards (Canada) of Human Resources and Skills Development Canada (HRSDC) by letter, telephone, or in person. 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.

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

Your employer has 10 days to respond to your Payment Claim. If he/she does not, or the matter is not resolved, you can file a Complaint Registration Form, following the instructions in the Payment Claim Kit.

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

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

• Employment Standards Branch of BC if your employer is provincially regulated, and Employment Standards (Canada) if your employer is federally regulated.
• PovNet.
• Access Pro Bono, Lawyer Referral Service, and Private Bar Lawyers.
• The Clicklaw common question "My employer isn't paying my wages" for further resources.

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.

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