Interpretation Guidelines Manual British Columbia Employment Standards Act and Regulations

EMPLOYMENT STANDARDS REGULATION - PART 7 - VARIANCES AND EXCLUSIONS

ESR Section 37.63 – Oil and gas field workers under section 37.6 - paydays and bonus pay


Contents:

Summary
Text of Legislation
Policy Interpretation
Related Information


Summary

This section replaces the payday provisions set out in section 17 of the Act with ones that apply to oil and gas field workers referred to in section 37.6 of the regulation. 


Text of Legislation

37.63  (1)  Section 17 of the Act [paydays] does not apply in respect of employees referred to in section 37.6 of this regulation but the conditions of employment respecting payment of wages established in this section apply instead.

(2)  At least semimonthly and within 8 days after the end of the pay period, an employer must pay to an employee referred to in section 37.6 all wages earned by the employee in a pay period.

(3)  Subsection (2) does not apply to

(a) overtime wages credited to an employee’s time bank,
(b) vacation pay, or
(c) any bonus to which the employee is entitled under the compensation system for that period of employment.

(4)  The employer must pay to the employee the bonus referred to in subsection (3) (c) within the next 3 pay periods that follow the pay period in which the bonus was earned.


Policy Interpretation

This section is very similar to section 17, except that it adds a provision that a bonus an employee is entitled to under the compensation system does not have to be paid at the end of the pay period.

Subsection (1)

Section 17 of the Act regarding paydays does not apply to oil and gas field workers referred to in s. 37.6 of the regulation. The provisions set out in this section apply instead.

Subsection (2)

This section is the same as s. 17(1) of the Act. Employers must pay employees all wages earned each pay period based on the two following requirements:

  • payment of wages must be made at least twice a month. This means that no more than 16 calendar days can elapse between paydays (See s.1, “pay period”)
  • payment of wages must be made no later than 8 calendar days after the last working day for which payment is being calculated

Both requirements must be met, and an employer cannot use compliance with one requirement as a reason for not complying with the other.

Subsection (3)

This section adds another exclusion to the ones in s. 17(2) of the Act. It provides that overtime wages credited to an employee's time bank, vacation pay and any bonus the employee is entitled to for that pay period do not have to be paid at the end of the pay period.

Subsection (4)

Any bonus earned by an employee in a pay period must be paid within the following three pay periods.


Related Information

Related sections of the Act or Regulation

ESA

·         s. 17, Paydays

·         s. 42, Banking of overtime wages

·         s. 58, Vacation pay

ESR

·         s.37.5, Oil and gas field workers paid by an hourly rate – exclusion from section 36(1) of the Act

·         s. 37.51, Specific oil and gas field workers paid by an hourly rate – rest periods and pay for interruption in rest periods

·         s. 37.6, Oil and gas field workers who are paid other than by an hourly rate

·         s. 37.61, Oil and gas field workers under section 37.6 – exclusion from section 36(1) of the Act

·         s. 36.62, Oil and gas field workers under section 37.6 – “regular salary”

·         s. 37.64, Oil and gas field workers under section 37.6 – overtime wages

·         s. 37.65, Oil and gas field vacuum workers under section 37.6 – rest periods and pay for interruption in rest periods

·         s. 42, Exclusions from hours-of-work requirement

Appendix 3 – Oil & gas well drilling & servicing occupations - hourly rate of pay