When you’re starting to drown between employee concerns, payroll duties and helping your CEO -- HR Insider is there to help get the logistical work out of the way.
Need a policy because of a recent regulatory change? We’ve got it for you. Need some quick training on a specific HR topic? We’ve got it for you. HR Insider provides the resources you need to craft, implement and monitor policies with confidence. Our team of experts (which includes lawyers, analysts and HR professionals) keep track of complex legislation, pending changes, new interpretations and evolving case law to provide you with the policies and procedures to keep you ahead of problems. FIND OUT MORE...
Answer for British Columbia

Here u go, Toni:
OK, there are really 4 questions here:

  1. Changing vacation pay from an accrual to pay every period for PT employees. There is no notice period required, but this can only be done with each employee’s written consent. One option might be to make this a condition of the return to work, for employees who have been laid off. But this might encourage employees to consider they have been terminated and claim wrongful dismissal.
  2. Removing benefits from employees. This can be done, with the notice required if you were going to terminate them. In effect, you are terminating their existing employment contracts and offering new employment on lesser terms. But also be prepared for employees to consider they have been terminated and seek damages for the lost employment.
  3. Changing the pay period for PT employees so that it matches that for FT staff. This is wholly within management’s discretion to do. You should give people reasonable notice if the actual pay day is changing. Although not required, 1 or 2 month’s written notice would be reasonable, since employees may have bills scheduled to come out of their bank accounts tied to date they have historically been paid.
  4. Incorrect bonus and commission pay. If employees have been short paid, you should make up the difference for any payments made within the last 12 months. That’s the period an employee could get an order from the employment standards authorities on a claim for unpaid wages. If there have been overpayments, you don’t have the right to recover these from subsequent payments. If the changes in these bonus/commission terms are significant and not in the employee’s favour, then you again run the risk of employees claiming that in effect they have been terminated, since you’re no longer willing to abide by the existing terms and conditions of employment.

None of these answers are affected by whether or not employees are on a lay off.