Protecting Pay

This information sheet tells about how the Labour Standards Code protects workers' pay.

One of the most common complaints filed with the Labour Standards Division is protection of an employee's pay.

The Labour Standards Code says that

• an employee must be paid for her work
• the employee must be paid at least two times each month
• the employee must be paid within five days after the end of the pay period

When an Employee Is Not at Work to Receive Pay

If an employee is not at work when he would normally be paid, or is not paid for any other reason, then that employee must he paid when he asks for it at any time during regular working hours.

Forms of Wages

Employers must pay wages in Canadian money by cheque or cash or demand for payment drawn upon a chartered bank, credit union, trust company, or any company insured under the Canada Deposit Insurance Corporation Act by direct deposit.

When an Employee Can Complain

If an employer fails or refuses to pay an employee or fails to pay any benefit in the last 6 months, then the employee can file a complaint with the Labour Standards Division.

When an Employee Cannot Complain

The Labour Standards Division might not take a complaint about unpaid pay if the employee has sued the employer in court. If the employee belongs to a union that has a collective agreement and could file a grievance for unpaid wages, the employee cannot complain through the Labour Standards Division.