This workbook has been prepared to assist employers and employees in understanding some of their obligations and rights under the Employment Standards Act (ESA) and its regulations. It does not take the place of the ESA and its regulations and it should not be considered to offer any legal advice on your particular situation.
You should be aware that under the Employment Standards Act, only three types of deductions can be made from an employee’s wages: statutory deductions, deductions authorized by a court order and deductions authorized by the employee in writing (subject to certain restrictions and conditions). For more information, watch our video on illegal deductions from wages.
These are deductions made according to federal and provincial legislation. They include Income Tax, Employment Insurance Premiums and Canada Pension Plan contributions. The money deducted must be remitted to the proper authorities.
A court may order an employer to deduct an amount from an employee’s wages. The money deducted must be paid out in accordance with directions contained in the court order.
An employer may deduct money from an employee's wages if the employee has agreed to this in writing, subject to certain rules. Written authorization must state that the employee authorizes the deduction from his or her wages. It must also specify the amount of money deducted or a method of calculating the amount of money to be deducted.
It is not enough to have an oral statement that the employee authorizes the deduction, or to have a written statement that the employee owes money to the employer without stating that the amount can be deducted from the employee’s wages.
Questions? Call the Employment Standards Call Centre at 1-800-531-5551