Records required to be kept by an employer
60(1)Every employer shall make and keep in the Province for at least thirty-six months after work is performed or service is rendered by an employee, complete and accurate records in respect of the employee sufficient to meet the requirements of a request under section 58(1), including
(a)
the employee’s name and address;
(b)
the employee’s date of birth;
(c)
the employee’s social insurance number;
(d)
the date of commencement of employment for the employee;
(e)
the number of hours worked by the employee each day and each week;
(f)
the employee’s wage rate and gross earnings for each pay period;
(g)
the amount of each deduction from the gross earnings of the employee and the purpose for which each deduction is made;
(h)
Repealed: 2016, c.20, s.3
(i)
any period during which the employee was on vacation;
(j)
any vacation pay due or paid to the employee;
(j.1)
any public holiday pay due or paid to the employee;
(k)
the net amount of money paid to the employee;
(k.1)
any period during which the employee was on a leave of absence and the reason for the leave of absence;
(l)
any document or certificates relating to a leave of absence of the employee;
(m)
the dates of all dismissals or layoffs of the employee and the dates of any notices of dismissals or layoffs; and
(n)
the date of cessation of employment.
60(2)Where the original records referred to in subsection (1) are maintained by a person, firm, company or partnership other than the employer, the employer shall have and produce on request made under subsection (3) a true and accurate copy of the employment records in respect of each employee required under subsection (1).
60(3)The Labour and Employment Board, the Director and an Employment Standards Officer may at any time request from any employer, or from any person, firm, company or partnership maintaining an employee’s records, information required to be kept under subsection (1) with respect to any employee, and such request shall forthwith be complied with.
60(4)Where the employer fails to maintain accurate records in accordance with this Act, the Labour and Employment Board or the Director may accept the evidence of an employee with respect to the employee’s employment, and the onus of proving the contrary shall be on the employer.
1988, c.59, s.19; 1994, c.52, s.1; 2003, c.4, s.10; 2014, c.70, s.8; 2016, c.20, s.3; 2022, c.33, s.29