14 - Keeping of Records

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 Overtime pay recorded Vacation pay recorded General holiday pay recorded Bereavement leave pay recorded Pay in lieu of notice recorded Severance pay 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: Notice posted Periods of averaging Start date of averaging Details of reductions Number of overtime hours paid if applicable	24.(2)(j)
Employer's pay periods	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.hrsdc.gc.ca