|
Part III of the Canada Labour Code (Labour
Standards)
| Legislative Source |
Section 24 of the Canada Labour Standards
Regulations identifies the required records to be kept
on file for inspection by an Inspector under the Canada
Labour Code. |
| Employer Responsibility |
Employers must keep payroll and other
employment records for at least 36 months. Employers must
also post an outline of the Code requirements and
notices as required by law, along with an indication where
one may obtain further information from the Labour Program. |
1. What type of records are required that identify the
employee?
You must record the name; address; social insurance number; job
title; and sex of the employee. If the employee is under 17 years
old, the age of the employee must be recorded. The start, and any
end date of employment is also required.
2. What information must be kept on file for how the
employee is paid?
You need to record the rate of pay and whether it is
hourly/weekly/monthly/or on any other basis. If it is on any other
basis, a clear explanation must be evident. In addition, any changes
to the rate of pay, and effective dates, must be identified.
3. What records must be kept of actual earnings of the
employee?
These records include: amounts paid each pay day; overtime
payments; vacation pay; general holiday pay; bereavement leave with
pay; any termination pay/pay in lieu of notice as well as any
severance pay. Each pay cheque should include a statement showing
the amount paid, what it is for, and what is deducted.
4. What is needed in recording work hours?
Records are required which show the daily hours worked, unless
the employee is excluded as a manager as provided for under the Code.
If hours of work are averaged, records must include the posting of
the 30 day notice, as well as identify the periods of averaging;
start date of averaging; details of the reductions in hours; and the
number of overtime hours paid if applicable. In the case of a
modified work schedule, copies of the notice, schedules, votes and
posting dates are needed.
5. How is time away from the job recorded?
For times when the employee has been granted leave, applicable
records must be kept. This would include: start and end date of
annual vacations; general holidays; bereavement leave; start and end
dates of any maternity/parental/or maternity related reassignment
leave; sickness and work related illness or injury absences.
6. What type of documents or notices must be kept on
file?
These type of records include the identification of the
employer's pay periods, any agreements relating to the postponement
or waiving of vacation leave; the substitution of general holidays
and related votes; notices to determine "year of
employment" for vacation purposes; and notices for leave for
maternity/parental leave. In the case of termination of employment,
a copy of the notice of termination must be retained. If a request
for a medical certificate has been made for sick leave or maternity
related matters, a copy of the certificate(s) must be kept. In cases
of work related injury or illness, detailed reasons for the absence,
expected dates for return to work or notifications/reasons that
employee cannot return must all be documented and maintained on
file.
The following is a check-list of records required under
the Canada Labour Standards Regulations.
| Records |
Regulation |
- Start and end date of employment of each employee
|
24.(1) |
- Name, address, SIN, classification, sex, age if under
17 years
|
24.(2)(a) |
- Rate of wages (hourly/weekly/monthly/or other basis)
and any changes in the rate
|
24.(2)(b) |
- Explanation of wages if on any other basis
|
24.(2)(c) |
- Daily hours worked (except if excluded under S.167(2)
or 169 and 171)
|
24.(2)(d) |
|
Earnings:
- Amounts paid each pay day
- General holiday pay recorded
- Bereavement leave pay recorded
- Pay in lieu of notice recorded
|
24.(2)(e) |
- Details of pay & deductions made each pay day
|
24.(2)(f) |
- Start and end date(s) of annual vacation for year of
employment
|
24.(2)(g) |
- Copy of any written agreement to postpone or waive
vacation
|
24.(2)(g.1) |
- Copy of any notice to determine �year of
employment� [S.183 & Reg.14(1)]
|
24.(2)(g.2) |
- Start and end date of maternity/parental leave and
notices for such leave requests
|
24.(2)(h) |
- Start and end date of any maternity
reassignment/modifications/notices
|
24.(2)(h.1) |
- General holidays granted/substitutions/votes
|
24.(2)(i) |
|
If Averaging:
- Number of overtime hours paid if applicable
|
24.(2)(j) |
|
|
24.(2)(k) |
- Copy of any notices of termination under Div. IX and
Div. X
- Copy of employer's written request for medical
certificate under Div. XIII
|
24.(2)(l) |
- Copy of any medical certificates under Div. VII, XIII
and XIII.1
(NOTE: The confidentiality of these documents must be
maintained)
|
24(2)(h)
24(2)(l)
24(4)(b)
|
- Dates of any bereavement leave granted under Div. VIII
|
24.(2)(m) |
- Copies of any notices of modified work
schedules/votes/posting dates
|
24.(2)(n) |
- Detailed reasons for employee's absence due to
work-related illness or injury
- Date of return to work or notification that employee
cannot return with reasons
|
24.(4)(a)
24.(4)(c)
|
For information only. For interpretation and application
purposes, please refer to Part III of the Canada Labour Code
(Labour Standards), the Canada Labour Standards Regulations,
and relevant amendments.
Additional copies of this publication can be obtained from:
Public Enquiries Centre
Human Resources Development Canada
140 Promenade du Portage, Phase IV, Level 0
Gatineau, Quebec
K1A 0J9
Fax (819) 953-7260
www.hrdc-drhc.gc.ca
Home
�Her Majesty the Queen in Right of Canada, 2002
Cat. No. MP43-345/14-2003
ISBN 0-662-67123-6
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