Keyword Index: P to Z

Effective 31/04/04
Revised N/A

Link to Keyword Index: A to E or F to O or scroll P to Z (below) or click on letter to link directly to index section:

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P

panels of the tribunal, Section 106
parental leave, Section 51

changes in duration of leave, Section 51
multiple adoptions and births, Section 51
request for leave, Section 51
timing and duration of leave, Section 51

partnerships, see associated businesses
paybacks, Section 11
paydays

advances on, Section 17
exclusion from requirements, Regulation 40
frequency and timing of, Section 17
when commissions payable, Section 17

payments

accepting on behalf of employees, Section 99
deductions from wages, Section 21
direct/indirect, Section 21
employer must make assigned payments, Section 23
for employer's cost of business, Section 21
for finding employment, Section 10
interest, Section 88
methods to pay wages, Section 20
no offsets allowed on termination entitlements, Section 68(1)
overpayments, Section 21
remedies of contraventions of Act, Section 79
rules about, Section 68
to funds, insurers or others, Section 26
vacation pay, Section 58(2)

pay period

definition, Section 1
variance for, Section 72(b)

payroll deductions, Section 22
payroll records

definition, Section 1
employers required to keep, Section 28
farm labour contractors, Section 29 - Repealed (30 July 2002)
for managers, Section 28
information required, Section 28(1)
information required, farm labour contractors, Section 29(2) - Repealed (30 July 2002)
inspection of by director, Section 85
retained for 7 years, Section 29(3) - Repealed (30 July 2002)
where kept, Section 28(2)

penalties

contravening a record requirement, Regulation 28 - Repealed (BC Reg.307/2002)
contraventions of this regulation, Regulation 47
definition, Section 1
director's authority to impose, Section 98
further contraventions, Regulation 29
how imposed, Regulation 28 - Repealed (BC Reg.307/2002)
liability for when business disposed of, Section 98
liability of individuals, Section 98
multiple business locations, Section 98
provisions for, Appendix 2 - Repealed (BC Reg.307/2002)
transition from previous Act, Section 98, Section 128
under Offence Act, Section 125

pension plans, see benefit plans
performers, Section 12
periods free from work, see hours free from work
permanency test for identifying employees, Section 1
permit for child workers, Section 9
Personal Property Security Act, Section 87(4)
piece work, Section 28(1)(c)
poster of employees' rights, Section 6 - Repealed (30 May 2002)
posting, see notice
power to grant variance, Section 73
power to make regulations, Section 127
power to reconsider, Section 86
powers of director / tribunal, see director, or tribunal
 pregnancy leave, Section 50

changes in duration of leave, Section 50
death of child, Section 50
delayed birth, Section 50
duration of leave, Section 50
early birth, Section 50
multiple births, Section 50
request for leave, Section 50
termination of pregnancy, Section 50

prime lending rate

also see interest
definition, Regulation 1

priority

director's liens over liens of Personal Property Security Act, Section 87(4)
director's liens over other claims, Section 87(3)
for disbursement of money collected, Section 99(2)
for employee's share of payout, Section 99(5)
mortgage or debenture over director's liens, Section 87(5)

private residence, entry to, Section 85, Section 109, Section 120
proceedings of tribunal, Section 107 Repealed (15 Oct 2004)
proceedings, other, see alternative court or tribunal action
producer

definition, Section 1
liable for unpaid wages, Section 30
payroll records from farm labour contractors, Section 29 - Repealed (30 July 2002)

producer and farm labour contractor are liable for unpaid wages, Section 30
producer to receive farm labour contractor's payroll records, Section 29 - Repealed (30 July 2002)
production of records, Regulation 46
professions and occupations excluded from the Act, Regulation 31
profit, chance of, for identifying employees, Section 1
profit sharing, see wages
progressive discipline, Section 63(3)
promoting awareness of employment standards, Section 5
proof, burden of, see burden of proof on employers
proprietorships, see associated businesses
prosecutions, see contraventions of Act
protective clothing, Section 25
provisions for penalties, Appendix 2 - Repealed (BC Reg.307/2002)
public holidays, see statutory holidays
Public Service Labour Relations Act, Section 1
publication of decisions (tribunal), Section 111 Repealed (15 Oct 2004)
publication of violators' names, Section 101
publicizing Act and Regulation, Section 5
purposes of the Act, Section 2

 

Q

[No entries]

 

R

reasonable alternative employment, see alternative employment
recall, right of, see right of recall
receipt issued by director, Section 19, Section 89(3)
Receiver/Receiver Manager, Section 97
receivership, Section 97
reciprocal agreements

under Court Order Enforcement Act, Section 91, Section 119
with other jurisdictions, Section 119

reciprocating jurisdictions, Section 119
reconsideration of orders and decisions, Section 116
records, inspection of by director, Section 85
records, inspection of by tribunal, Section 109
records requirements

employment agencies, Regulation 3
penalty for contravention, Section 98, Regulation 28 - Repealed (BC Reg.307/2002)
production and delivery of records, Regulation 46
records to be kept, Regulation 28 - Repealed (BC Reg.307/2002)
statutory holiday substitution agreements retained for 7 years, Section 48
time bank, Section 42

recovery of wages, Section 80, Section 90
register of employees working in residences, Section 15
registered mail, Section 122
Registrar of Companies, Section 96
registry for domestic workers and textile workers, Regulation 13
registry information, Regulation 13
regular wages, also see wages

definition, Section 1

regulations

also see Employment Standards Act
by Lieutenant Governor in Council, Section 127
cross-references to applicable Act sections, Section 127
location in manual, HOW
power to make, Section 127
transitional, Section 129
types that can be made, Section 127

rehabilitation, Regulation 32
reinstatement, Section 79(4)
related employers, see associated businesses
release of assets, Section 93
releases from Act, Section 4
remedies, options available, Section 79(4)
removal of assets, wrongful, Section 94
removal of documents by director, Section 85
removal of documents by tribunal, Section 109
reprisals against complainants, Section 83
requirements of this Act cannot be waived, Section 4
reservists' leave, Section 52.2
Reservists' Leave Regulation
resident caretakers

definition, Regulation 1
designation of, Regulation 1
excluded from Act, Regulation 35
minimum wage, Regulation 17

residential care workers

definition, Regulation 1
rest periods, Regulation 22

resignation from change in conditions of employment, Section 66 
resignation notice, Section 63(3)
rest periods

also see breaks
interruption of for residential care workers, Regulation 22(2)
residential care workers, Regulation 22

restrictions on hours of work, Section 35
retaliation against complainants, Section 83
retirement, see resignation
retroactivity of Act, Section 128
review committee to review Act, Section 7 - Repealed (14 Dec 2003)
review of commission structures, Section 17
reviews, see appeals
revisions to this manual, HOW

 right of recall

temporary layoff, Section 1
under collective agreement, Section 70(1) - Repealed (30 May 2002)

right to appeal director's determination, Section 112
right to sue preserved, Section 118
Rights and Responsibilities in a Changing Workplace, ACT
 room and board for domestics Regulation 14
RRSPs, deductions for, Section 22(1)
rules about licences, Regulation 9
rules about notice, Section 67
rules about payments, Section 68

 

S

safety apparel, Section 25
salaries as wages, Section 1
 sale of business

bankruptcy, Section 97
effects of, Section 97
employment deemed continuous, Section 63(5), Section 97
liability for penalties, Section 98
receivership, Section 97
termination of employees, Section 63(5)

sale of business or assets, Section 97
same-sex partners, Section 1, Section 51
School Act, Section 1, Regulation 1, Sections 131-141
school day, definition, Section 34
schools

exclusions from minimum hours requirements, Regulation 43 - Repealed (30 May 2002)
independent, Regulation 1

scope of this Act, Section 3
security to ensure compliance, Section 100
seizure of assets, Section 92
senior officer, definition, Section 96
seniority, see length of service
service of determination notice, Section 81
service of determinations and demands, Section 122
setoff from wages, Section 22(4)
settlements

director may accept, Section 78(1)
director not bound by, Section 78(3)
guidelines for, Section 78

severance pay, see compensation for termination, or termination pay
shifts

notice of change in shift, Section 72(d)
for high technology company employee, Regulation 37.8(4)
overtime payable for split shifts, Section 33
shift schedule stated in variances, Section 72(h), Regulation 30
split, Section 33

sick leave, Section 59
sitters

definition, Regulation 1
excluded from Act, Regulation 32

Skills Development and Fair Wage Act

amendments to, Sections 131-141

enforcement of, ESB
history, ESB
overview of, ESB
responsibility for, ESB

small claims court, see alternative court or tribunal action
Social Service Tax Act, Sections 131-141
Society Act, Regulation 1
special clothing

agreement for cleaning/maintenance, Section 25(2)
cleaning and maintenance of, Section 25
cost of, Section 25
costs considered as wages, Section 25(3)
definition, Section 1
distinguishing from dress code, Section 25
variance for, Section 25, Section 72(c)

split shifts, Section 33
spouse, see immediate family, see common-law spouse
standards for those covered by collective agreement,  Section 49
statement of employees' rights, Section 6 - Repealed (30 May 2002)
statement of wages, Section 27
statutes, see legislation, other
statutory declaration, Section 85, Section 109
statutory holiday pay

calculating pro-rata, Regulation 24 - Repealed (BC Reg.307/2002)
employer must pay, Section 45
exclusion from requirements, Regulation 36
how to calculate, Section 45
transition from previous Act, Section 128

statutory holidays

calculating weekly overtime hours, Section 40(4)
collective agreement provisions, Section 49 - Repealed (30 May 2002)
compensation for, Section 46
day off in lieu, Section 46
definition, Section 1
employee entitlements, Section 44
employee required to work, Section 46
entitlement to upon sale of business, Section 97
falling on regular day off, Section 47 - Repealed (Nov 2002)
keep records of agreements for substitution retained for 2 years, Section 48
list of, Section 1, Section 44
substituting another day off, Section 48
time bank credit, Section 42

statutory liens, see liens
statutory rights, see minimum standards
strikes, Section 67(1)
students

also see school student
excluded from Act, Regulation 32
minimum daily hours, Section 34

substituting another day for a statutory holiday, Section 48
successorship, Section 97
supervisors, see managers
supported employment, Regulation 32
supported work, Regulation 32
Supreme Court of Canada, Section 3
Supreme Court judges, Section 84
Supreme Court judgments, determinations enforceable as, Section 91(2)
Supreme Court registry, Section 91
surrender of licence, Regulation 11
suspension of determination upon appeal, Section 113
suspension of employment agency licence, Regulation 4
suspension of farm labour contractor's licence, Regulation 7

 

T

talent agencies, Regulation 1, Regulation 38, Regulation 38.1
taxicab drivers, exclusions Regulation 37.1
teacher, definition, Regulation 1
technical irregularities in proceedings, Section 123
temporary layoff, definition, Section 1

failure to return to work after layoff, Section 65(4)(c)
payment of wages, Section 18
right of recall, Section 1
termination if exceeded, Section 63(5)
termination of employment, definition, Section 1
variance for, Section 72(a)
week of layoff, definition, Section 62

temporary work, Section 65
tender vessel worker, definition, Regulation 1
termination entitlements, exceptions to, Section 65
termination of employment

adjustment committee, Section 71
compensation or notice required, Section 63
compensation under collective agreement, Section 70(1) - Repealed (30 May 2002)
definition, Section 1
group terminations, Section 64
individual terminations, Section 63
individual, under collective agreement, Section 70(1) - Repealed (30 May 2002)
interest on money owing by employer, Regulation 25
sale of business, Section 63, Section 97
under collective agreements, Section 69 - Repealed (30 May 2002)

termination pay

acceptance of under collective agreement, Section 70 - Repealed (30 May 2002)
definition, Section 1
interest on, under collective agreement, Section 70 - Repealed (30 May 2002)
under collective agreement, Section 70 - Repealed (30 May 2002)

terms of employment, see conditions of employment
textile worker, definition, Regulation 1
third party demand, see demand on third party
time and a half, flexible work schedule, Section 40
time banks

definition, Section 1
overtime wages, Section 42
paying out banked money, Section 42
records requirements, Section 42
statutory holiday pay, Section 42
vacation pay on overtime, Section 42

time limits

collecting vacation pay, Section 58
for filing complaints, Section 74
for initiating proceedings, Section 124
for recovery of unpaid wages, Section 80
payment of outstanding wages, Section 18
payment of unpaid wages, Section 128
retention of payroll records, Section 29(3) - Repealed (30 July 2002)

tips, see gratuities
tools, ownership of, for identifying employees, Section 1
trade unions

assignment of wages to, Section 22(3)
collective agreements, Section 1
definition, Section 1
flexible work schedules, Section 38 - Repealed (30 May 2002)
provisions for termination of employment, Section 69 - Repealed (30 May 2002)

training

defined as employment, Section 1
defined as work, Section 1

training programs, Regulation 32
transfer of business, see sale of business
transition

changes from old Act, ACT
effect of new Act on previous decisions, Section 128
from former Act, Section 128
interest accrual, Section 128
limitation period for payment of unpaid wages, Section 128
notice of termination, Section 128
penalties, Section 128
penalties for contravening a record requirement, Regulation 28 - Repealed (BC Reg.307/2002)
penalties for further contraventions, Regulation 29
retroactivity of Act, Section 128
statutory holiday pay, Section 128
transitional regulations, Section 129
vacation pay, Section 128
variances, Section 128

transitional regulations, Section 129
travel expenses, see wages
travel time, wages for, Section 1
trial period, Section 63(1)
tribunal

appeals where tribunal is employer, Regulation 49
appointments of employees, Section 105
appointments to, Section 102
associate chair, definition, Regulation 48
authority of chair, Section 104
compensation and expenses of members, Section 103
determinations suspended, Section 113
dismissal or referral of appeals, Section 114
employees of, Section 105
enforcement of orders of associate chair, Regulation 50
establishment of, Section 102
inspection of records, Section 109
orders, Section 115
orders binding, Section 110
orders enforced as Supreme Court judgment, Section 91(3)
orders varied, cancelled, or suspended, Section 91(4)
organization of, Section 106
other powers of, Section 109
panels established by, Section 106
powers under Inquiry Act
proceedings of, Section 107 Repealed (15 Oct 2004)
reconsideration of orders and decisions, Section 116
review of decisions, Section 110

truck drivers, Regulation 37.3
trust money, held by director for employees, Section 99(3)

 

U

UIC recipients excluded from Act, Regulation 32
uniforms, Section 25
unions, see trade unions

 

V

vacation pay

calculating for common anniversary date, Section 60
calculation of, Section 58
collective agreements, Section 61 - Repealed (30 May 2002)
commission earnings, Section 58
entitlement to, Section 58
in excess of minimum standards, Section 58
payment of upon sale of business, Section 97
percent of gross earnings, Section 58(1)
salaries as vacation pay, Section 58
termination, Section 58(3)
time bank credit, Section 42
time limits for collecting, Section 58
timing of payment, Section 58(2)
transition from previous Act, Section 128

vacations

collective agreements, Section 61 - Repealed (30 May 2002)
common anniversary date, Section 60
employment deemed continuous, Section 57(1)
entitlement to, Section 57
entitlement to upon sale of business, Section 97
in advance, Section 59
in excess of minimum standards, Section 57(1)
length, Section 57(1)
minimum length, Section 57(3)
minimum standard, Section 59
not granted, Section 57(1)
statutory holiday during, Section 57(4)
timing, Section 57(2)

Vancouver Charter, Sections 131-141
variances

affected employees governed by, Section 73(1)
application for, Section 72, Regulation 30
consistent with Act, Section 73(1)
group termination requirements, Regulation 30.1 - Spent
hours free from work, Section 72(g)
information required in application, Regulation 30
majority of employees must agree, Section 73(1)
minimum hours of work, Section 72(e)
notice of change in shift, Section 72(d)
notice of termination, Section 72(i)
overtime wages, flexible work schedule, Section 72(f)
overtime wages, no flexible work schedule, Section 72(h)
pay period, Section 72(b)
power to grant, Section 73
special clothing, Section 72(c)
temporary layoff, Section 72(a)
terms of, set by director, Section 73
transition from previous Act, Section 72, Section 128

vehicles of farm labour contractors, Regulation 6 - Repealed (30 May 2002)
violations of Act, see contraventions of Act
voluntary payments, see settlements

W

wage statements

breakdown of wages and deductions, Section 27(1)
cancellation of electronic statement, Section 27(3)
electronic, Section 27(2)
when not required, Section 27(4)

wages

advance on, Section 21
assignment of, Section 22
calculating amounts owed by officers/directors, Section 96
calculating interest for, Section 80
calculating overtime, Section 40
cancellation of assignment of, Section 24
collection from third party, Section 90(1)
deductions from, Section 21
definition, Section 1, Section 18
garnishment from, Section 21
liability for payment, Section 30
liability for upon sale of business, Section 97
liability of associated businesses, Section 95
liability of corporate officer, Section 96(1)
methods of payment allowed, Section 20
minimum daily hours, Section 34
minimum wage requirements, Section 16
non-wages, Section 1
overpayments, Section 21
payment of at termination, Section 18
payment of commissions, Section 18
protection of, if employee can't be located, Section 19
recovery of costs, Section 21(3)
recovery of without complaint, Section 80
regular, definition, Section 1
statement of, Section 27
time limits for recovery, Section 80
travel time, Section 1
used to calculate vacation pay, Section 58

waivers from Act not allowed, Section 4
warrant to carry out inspection powers, Section 120
Waste Management Amendment Act, Sections 131-141
week, definition, Section 1
week of layoff, definition, Section 62
weekly overtime, calculating, Section 40
wilderness guide,

definition, Regulation 1
excluded from hours of work and overtime requirements, Regulation 34(a.1)

witnesses, Section 84

work, definition, Section 1
work location, residence, Section 1
Workers' Compensation Act, Sections 131-141
working day, see day and working day
writ of seizure and sale, Section 91, Section 92
written employment contract required for domestics, Section 14
wrongful dismissal, Section 63(3)
wrongful removal of assets, Section 94

 

X

[No entries]

 

Y

year of employment, see employment year

 

Z

[No entries]