Interpretation Guidelines Manual British Columbia Employment Standards Act and Regulations
EMPLOYMENT STANDARDS ACT - PART 1 - INTRODUCTORY PROVISIONS
ESA Section 1 – Definitions – Right of Recall
This section contains definitions for terms used throughout the Employment Standards Act and its Regulation.
"right of recall" means the right of an employee under a collective agreement to be recalled to employment within a specified period after being laid off;
Right of recall applies to an employee working under a collective agreement. “Right of recall” means when an employee is laid off, they retain the right to be brought back to work under the provisions of a collective agreement. A person on layoff with recall rights is considered an employee.
For the purposes of the Act, once the right of recall expires, an employee is considered terminated as referred to in “temporary layoff” in this section.
Refer to s.3 of the Act for information on how the Act applies to employees covered by a collective agreement.
Related sections of the Act or Regulation