Interpretation Guidelines Manual British Columbia Employment Standards Act and Regulations

EMPLOYMENT STANDARDS REGULATION - PART 3 - EMPLOYEES WORKING IN RESIDENCES

ESR Section 13 – Registry information


Contents:

Summary
Text of Legislation
Policy Interpretation
Related Information


Summary

This section explains what information an employer of a domestic or textile worker must provide to the director and the time requirements in which the information must be provided.


Text of Legislation

13. (1) An employer of a domestic or a textile worker must provide the director with the following information:

(a) the employer's name, address, telephone number and fax number;

(b) the employee's name, address and telephone number;

(c) whether the employee is a domestic or a textile worker.

(2) The employer must provide the information required under subsection (1) in writing to the director

(a) within 30 days after the date the employee was hired,

(b) in the case of an employee hired before November 1, 1995, by January 1, 1996, or

(c) in the case of an employee who is to be employed as a domestic and who is coming to Canada from another country, before the employee is hired and before making an application to bring the employee to Canada.

(3) An employer who is aware of any change in the information provided under subsection (1) must, each 6 months after January 1, 1996, provide the director with a written list of the changes.


Policy Interpretation

Subsection (1)

Section 15 of the Act requires an employer to provide information relating to domestic and textile workers, working in a private residences, to the Director of Employment Standards. The information required is in accordance with this section as set out below:

  • the employer’s name, address, telephone and fax number
  • the employee’s name, address, telephone and fax number
  • whether the employees is a domestic or textile worker

Subsection (2)

This information must be provided, in writing, to the director depending on the employment arrangement, as follows:

  • within 30 days after the date the employee was hired
  • in the case where an employee was hired before November 1, 1995 – by January 1, 1996
  • in the case of a domestic who is coming to Canada from another country - before the employee is hired and before an application is made to bring the employee to Canada

Subsection (3)

Where an employer is aware of any change in the information previously provided, they must provide the director with a written list of the changes, every 6 months (after January 1, 1996).

Under subsection 4(d) of this Regulation an employment agency may have their license cancelled or suspended by the director for failure to inform the employer of the requirements to register a domestic in accordance with this section.


Related Information

Related sections of the Act or Regulation

ESA

ESR

Other:

See Employment Standards Factsheets

Factsheet

Domestic Workers