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Difference between revisions of "My Employer Isn't Paying My Wages"
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My Employer Isn't Paying My Wages (view source)
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{{Template:Legal Help Guide TOC}}As an employee, you are entitled to be paid for all of the hours that you worked, within a short period after completing the work. If you can't resolve the problem directly with your employer, you will need to know if your employer is provincially regulated or federally regulated. Most employers are provincially regulated, but the following are federally regulated: | {{Template:Legal Help Guide TOC}}As an employee, you are entitled to be paid for all of the hours that you worked, within a short period after completing the work. If you can't resolve the problem directly with your employer, you will need to know if your employer is '''provincially regulated''' or '''federally regulated'''. Most employers are provincially regulated, but the following are federally regulated: | ||
* Federal government and federal Crown corporations | * Federal government and federal Crown corporations | ||
* Banks | * Banks | ||
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== First steps if your employer is provincially regulated == | == First steps if your employer is provincially regulated == | ||
# Contact your employer and see if you can resolve the problem directly. | # Contact your employer and see if you can resolve the problem directly. | ||
# Complete and submit a "Self-Help Kit" from the Employment Standards Branch within six months of the non-payment of wages. It contains an information notice from the Employment Standards Branch, a Request for Payment, and a Fact Sheet. ([[Employment Standards Branch]] in Part 2 of this guide for contact and website information.) | # Complete and submit a "Self-Help Kit" from the Employment Standards Branch '''within six months''' of the non-payment of wages. It contains an information notice from the Employment Standards Branch, a Request for Payment, and a Fact Sheet. ([[Employment Standards Branch]] in Part 2 of this guide for contact and website information.) | ||
== What happens next == | == What happens next == | ||
Your employer has 15 days to respond to your Request for Payment. If he/she does not, or the matter is not resolved, you can file a complaint form with the Employment Standards Branch. (See [[Employment Standards Branch]] in Part 2 of this guide for contact information.) | Your employer has 15 days to respond to your Request for Payment. If he/she does not, or the matter is not resolved, you can file a complaint form with the Employment Standards Branch. (See [[Employment Standards Branch]] in Part 2 of this guide for contact information.) | ||
The ESB staff will investigate and offer to resolve your claim through mediation. If mediation does not work, it will be sent to a hearing before an adjudicator, who will hear from both sides and then make a decision called a determination. | The ESB staff will investigate and offer to resolve your claim through '''mediation'''. If mediation does not work, it will be sent to a hearing before an '''adjudicator''', who will hear from both sides and then make a decision called a '''determination'''. | ||
If you are not satisfied with the determination of the adjudicator, you can appeal to the Employment Standards Tribunal or ask the tribunal for a '''reconsideration'''. | |||
== Where to get help== | |||
See the [[Resource Guide]] in Part 2 for a list of helpful resources. Your best bets are: | See the [[Resource Guide]] in Part 2 for a list of helpful resources. Your best bets are: | ||
* [[Employment Standards Branch]]. | * [[Employment Standards Branch]]. | ||
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== First steps if your employer is federally regulated == | == First steps if your employer is federally regulated == | ||
# Contact your employer and see if you can resolve the problem directly. | # Contact your employer and see if you can resolve the problem directly. | ||
# Complete and submit a Payment Claim Kit from the Labour Program of Human Resources and Skills Development Canada ("HRSDC"). (See [[Human Resources and Skills Development Canada]] in Part 2 of this guide for contact and website information.) The kit contains a labour standards pamphlet and a Payment Claim letter to your employer. Read the pamphlet and complete and send the Payment Claim letter to your employer. | # Complete and submit a '''Payment Claim Kit''' from the Labour Program of Human Resources and Skills Development Canada ("HRSDC"). (See [[Human Resources and Skills Development Canada]] in Part 2 of this guide for contact and website information.) The kit contains a labour standards pamphlet and a Payment Claim letter to your employer. Read the pamphlet and complete and send the Payment Claim letter to your employer. | ||
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