Interpretation Guidelines Manual British Columbia Employment Standards Act and Regulations

EMPLOYMENT STANDARDS ACT - PART 1 - INTRODUCTORY PROVISIONS

ESA Section 1 – Definitions – Right of Recall


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

"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;


Policy Interpretation

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 Information

Related sections of the Act or Regulation

ESA

Other

See Employment Standards Factsheets

Factsheets

Collective Agreements and the Employment Standards Act

Termination of Employment