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