13(1)Subject to subsection (3), tips and gratuities are the property of the employee to whom or for whom they are given, and shall not be withheld by the employer or treated by the employer as wages.

13(2)Where a surcharge or other charge is imposed by the employer in lieu of the payment of tips or gratuities, all amounts collected in respect thereof shall be deemed to be the property of the employees to be distributed to the employees in accordance with the terms and conditions of employment not later than the time of the next pay; and such amounts shall not be withheld by the employer or treated by the employer as wages.

13(3)An employer may adopt a practice whereby tips and gratuities are pooled, at the option of the employee, for the benefit of some or all of the employees but such practice does not give the employer a proprietary interest in the tips and gratuities so pooled.

13(1)Subject to subsection (3), tips and gratuities are the property of the employee to whom or for whom they are given, and shall not be withheld by the employer or treated by the employer as wages.

13(2)Where a surcharge or other charge is imposed by the employer in lieu of the payment of tips or gratuities, all amounts collected in respect thereof shall be deemed to be the property of his employees to be distributed to the employees in accordance with the terms and conditions of employment not later than the time of the next pay; and such amounts shall not be withheld by the employer or treated by the employer as wages.

13(3)An employer may adopt a practice whereby tips and gratuities are pooled, at the option of the employee, for the benefit of some or all of the employees but such practice does not give the employer a proprietary interest in the tips and gratuities so pooled.