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Limit on Amount of Wages Required to Be Paid - Act Part 10, Section 80

Last updated on August 19, 2026

Contents:

Summary
Text of Legislation
Policy Interpretation
Related Information

Summary

This section sets out the maximum time for which an employer can be required to pay wages in a determination. 

Text of Legislation

80. (1) The amount of wages an employer may be required by a determination to pay an employee is limited to the amount that became payable in the period beginning

(a) in the case of a complaint, 12 months before the earlier of the date of the complaint or the termination of the employment, and

(b) in any other case, 12 months before the director first told the employer of the investigation that resulted in the determination,

plus interest on those wages.

(1.1) Despite subsection (1) (a), for the purposes of a complaint that was delivered before May 30, 2002, to an office of the Employment Standards Branch under and in accordance with section 74, the amount of wages an employer may be required by a determination to pay an employee is limited to the amount that became payable in the period beginning 24 months before the earlier of

(a) the date of the complaint, and

(b) the termination of the employment,

plus interest on those wages.

(2) If a talent agency that has received wages from an employer on behalf of an employee has failed to pay those wages, less any fees allowed under the regulations, to the employee within the time required under the regulations, the amount the agency may be required by a determination to pay to the employee is limited to the amount calculated

(a) by deducting any fees allowed under the regulations from the amount received by the agency on behalf of the employee in the period beginning,

(i) in the case of a complaint, 12 months before the date of the complaint, and

(ii) in any other case, 12 months before the director first told the talent agency of the investigation that resulted in the determination, and

(b) by adding interest to the amount obtained under paragraph (a).

(3) Despite subsections (1) and (2), the director may, in prescribed circumstances, extend the 12 months referred to in subsection (1) (a) or (b) or (2) (a) (i) or (ii), as applicable, to 24 months.

Policy Interpretation

The Act limits the amount of unpaid wages that can be recovered.

Subsection (1)

Wages – 12-month recovery period

Wage recovery is generally limited to wages that became payable as follows:

  • If employment has ended, within the last 12 months of employment
  • If employment is ongoing, within the 12 months before the date the complaint was filed
  • For director-initiated investigations, within the 12 months before the date the director first notified the employer about the investigation

If an employee continues to be employed after filing a complaint, the director will advise the employer that any contraventions must be remedied going forward. At the end of the complaint resolution process (or 12 months after the complaint is received if the complaint is not yet resolved), the director will investigate further to ensure that any contraventions identified as a result of the employee’s complaint have not continued after the date of that complaint.

More than one period of employment

If an employee leaves an employer and then goes back, the Act counts each period of employment separately for the purpose of wage recovery. if an employee has 2 or more periods of employment, they must file a complaint within 6 months after the end of each separate period of employment. The director can recover wages owed in the last 12 months of each period of employment.

Example

An employee is employed from January 2 to February 5 and then quits. They then work for the same employer from June 1 to August 30. They file a complaint on August 31. Wage recovery is limited to the period of employment between June 1 and August 30. In order to recover wages from their first period of employment, the employee would have needed to file a complaint by August 5, 6 months after the date their first period of employment ended.

Annual vacation pay recovery

Vacation pay earned in an employment year becomes payable to an employee in the following year. It must be paid at one of the following times:

  • 7 days before they take their annual vacation
  • If they do not take their vacation, within 12 months after their anniversary date

If an employer doesn't pay vacation pay, a complainant must file a complaint within 12 months after the date the vacation pay became payable if they are still employed, or within 6 months of the end of their employment if not.

Example

An employee starts work on August 1, 2021. Their first employment year ends on July 31, 2022.

The employer must allow the employee to take their vacation within 12 months after the end of their first employment year. If the employee does not take their vacation and receive their vacation pay in the following 12 months, their vacation pay becomes payable on July 31, 2023. They have 12 months from that date to file a complaint.

Example

An employee sells cars on commission and has been employed for 3 years. At least 7 days before the employee takes 2 weeks’ vacation, their employer must pay them vacation pay: 4% of their total wages from the previous year.

Instead, the employer tells the employee that any commissions that become payable while the employee is on vacation count as vacation pay. This contravenes section 58 of the Act. The employee has 12 months from the date their vacation pay should have been paid to file a complaint.

Annual vacation pay recovery when paid on each payday

If an employee agrees in writing to be paid vacation pay on their scheduled paydays, annual vacation pay for each pay period becomes payable in the same way as other wages for that pay period. If an employer stops paying vacation pay on every paycheque, up to 12 months of vacation pay can be recovered with other wages.

Some employers pay vacation pay on every paycheque without obtaining an agreement in writing from their employees as required by s.58(2). Without a written agreement, outstanding vacation pay is payable 7 days before the vacation or 12 months after the anniversary date as discussed above.

Interest

In accordance with section 88 of the Act, interest begins to accrue on the date of termination or the date the complaint was filed, whichever is earlier. It continues to accrue until the wages are paid.

Subsection (2)

If the director determines that a talent agency received wages from an employer on behalf of an employee and failed to pay those wages to an actor, performer, extra or technical creative film person employed as a result of the talent agency's efforts, these wages may be recovered from the talent agency in a determination.

The amount of fees allowed under the regulations will be deducted, and the remaining wages recovered as follows:

  • If a complaint has been filed, wages earned within the 12 months before the date of the complaint
  • In any other case, wages earned within the 12 months before the director first notified the talent agency about the investigation

Any amount determined to be owed as wages is subject to interest in accordance with s.88.

Related Information

Related sections of the Act or Regulation

ESA

ESR

Employment Standards Tribunal Decisions

Orca Security Corporation, BC EST # D003/09

Danny Helgesen – and – Bhora Mayer, in his capacity as President, Gulf Coast Materials Ltd., BC EST # 077/09 reconsidered in Gulf Coast Materials Ltd. BC EST #123/09

Court Decisions

Gulf Coast Materials Ltd. v. Helgesen, 2010 BCSC 1169