Add Comment Question: How long can an employer delay paying salary? Can this be considered constructive dismissal? What option do employees have to get pay that are due? Answer: Your employer is required to pay you in accordance with the agreed terms set out in your employment contract. They must also comply with the Employment Standards Act which requires payment is received “at least semi-monthly”. Usually this will be arranged to ensure a set, regular schedule for “pay day” (ex. The 1st and 15th of each month or every other week on a particular set day of the week). Payment of all wages earned by the employer during the pay period must be paid to the employee within 8 days of the end of the pay period. For instance, imagining the defined “pay period” starts on the 1st day of each month and ends on the 15th, the employee must receive payment of all wages that were earned for any work performed during that time no later than the 23rd of the same month. A “pay period” is defined by the employer and can be any period of up to 16 consecutive days in a month. If the payment of all wages due for the pay period is net received within the required timeframe (within 8 days of the end of the pay period) then the employer is in breach of its statutory obligations under the ESA. While payment beyond the 8 days is certainly a breach of the ESA. In such circumstances, and assuming you have already tried dealing directly with the employer on this issue without satisfactory resolution, the next option is to request payment by contacting and/or filing a claim with the Employment Standards Branch. Be sure to have calculated all amounts you believe are owed to you under the ESA including overtime etc., and have available to you any supporting documents you may need. Your Comment * Your Email * Your Name * Your City Note, your name, city and email is not displayed on the website. It is used to notify you that we have approved your comment.