Interpretation Guidelines Manual British Columbia Employment Standards Act and Regulations

EMPLOYMENT STANDARDS ACT - PART 1 - INTRODUCTORY PROVISIONS

ESA Section 1 – Definitions – Payroll Record


Contents:

Summary
Text of Legislation
Policy Interpretation
Related Information


Summary

This section contains definitions for terms used throughout the Employment Standards Act and its Regulation.


Text of Legislation

"payroll record" means a record required under section 28 to be kept by an employer;


Policy Interpretation

Payroll records, including a record of daily hours worked, must be kept for all employees regardless of the method of payment or duration of employment. These records must be kept for both current and past employees for a period of 2 years after employment ends.

Payroll records including a daily record of hours worked must be kept for all employees, regardless of whether they are paid on an hourly rate, commission, piece rate or other incentive basis. Employers of employees who are excluded from certain provisions of the Act are also required to keep payroll records under this section.

If the director determines under s.79 of the Act that a person has contravened the requirement to keep and maintain records in accordance with s.28 of the Act the employer will be subject to an escalating monetary penalty, subject to s.98 of the Act, as specified in the Employment Standards Regulation, s.29.


Related Information

Related sections of the Act or Regulation

ESA

ESR

Other

See Employment Standards Factsheets

Factsheets

Keeping Records