Interpretation Guidelines Manual British Columbia Employment Standards Act and Regulations

EMPLOYMENT STANDARDS ACT - PART 3 - WAGES, SPECIAL CLOTHING & RECORDS

ESA Section 24 – How an assignment is cancelled


Contents:

Summary
Text of Legislation
Policy Interpretation
Related Information


Summary

This section explains how an employee cancels an assignment of wages. 


Text of Legislation

24. To cancel an assignment of wages, an employee must notify in writing

(a) the employer, and

(b) the person to whom the wages were assigned


Policy Interpretation

Cancellation of an assignment of wages must be in writing.

The responsibility is on the employee who has authorized a deduction from wages to cancel that authorization in writing when it is no longer required. The employee is required to notify both the employer and the creditor in writing.

If an employee fails to notify the employer in writing of the cancellation of the assignment, and the employer continues to make and remit the deduction, it is the employee's responsibility to sort out any resulting problems directly with the recipient of the funds.

Employees covered by a collective agreement

Under the provisions of s.3, if a collective agreement contains any provision respecting s.24 (how an assignment is cancelled), this section of the Act does not apply. If a collective agreement does not contain any provision respecting s.24, this section is deemed to be incorporated in the collective agreement as part of its terms.

Under s.3(7) of the Act, where there is a collective agreement, the enforcement of matters relating to s.24 is through the grievance procedure, not through the enforcement provisions of the Act.


Related Information

Other

See Employment Standards Factsheets


Factsheet

Hours of Work and Overtime

Collective Agreements and the Employment Standards Act