HOURS OF WORK

 

STANDARD HOURS OF WORK – ARE EIGHTHOURS IN A DAY AND FORTYHOURS IN A WEEK.

 

OVERTIME HOURS OF WORK - ANY TIME AN EMPLOYEE WORKS MORE THAN THE STANDARD HOURS, THESE HOURS BECOME OVERTIME HOURS. THE EMPLOYER IS REQUIRED TO PAY FOR THESE HOURS AT (1.5) TIMES THE EMPLOYEE’S REGULAR RATE OF PAY. REFER TO CASE EXAMPLES ON PAGE 2.

 

MAXIMUM HOURS OF WORK – THE MAXIMUM NUMBER OF HOURS AN EMPLOYEE IS ALLOWED TO WORK IS TEN HOURS IN A DAY AND SIXTYHOURS IN A WEEK. IF THE EMPLOYER WISHES TO HAVE EMPLOYEES WORK MORE THAN THE MAXIMUM HOURS, AN APPLICATION MUST BE SUBMITTED TO THE LABOUR STANDARDS OFFICER. THE OFFICER WILL REVIEW THE APPLICATION AND DETERMINE WHETHER A PERMIT WILL BE GRANTED TO EXCEED THE MAXIMUM HOURS OF WORK.

 

DAY OF REST

EVERY EMPLOYEE IS ENTITLED TO ONE DAY OF REST IN A WEEK AND WHENEVER PRACTICAL THAT DAY WILL BE SUNDAY.

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RULES FOR ENDING EMPLOYMENT

 

ELIGIBILITY

EMPLOYEES WHO HAVE WORKED FOR ONE EMPLOYER FOR NINETY DAYS OR MORE ARE ENTITLED TO TWO WEEKS NOTICE OF TERMINATION FROM EMPLOYMENT OR, IF THE EMPLOYER DOES NOT WISH TO PROVIDE NOTICE, THE EMPLOYER CAN GIVE TWO WEEKS TERMINATION PAY IN LIEU OF NOTICE. THE NINETY DAY PERIOD MAY BE MADE UP OF SEVERAL SHORTER PERIODS THAT ADD UP TO TOTAL OF NINETY DAYS PROVIDED THAT THE TIME BETWEEN WORK PERIODS IS BRIEF. IN ADDITION THERE IS A REQUIREMENT FOR THE EMPLOYEE TO HAVE WORKED ON AVERAGE (25) HOURS PER WEEK. CONTACT THE LABOUR STANDARDS COMPLIANCE OFFICE FOR OTHER CONDITONS BY REGULATION.

EMPLOYEES WHO HAVE BEEN EMPLOYED BY THE SAME EMPLOYER FOR THREE OR MORE YEARS MUST RECEIVE AN ADDITIONAL WEEK OF NOTICE OR A WEEK OF PAY FOR EVERY ADDITIONAL YEAR OF EMPLOYMENT UP TO A MAXIMUM OF EIGHT (8) WEEKS.

 

GROUP TERMINATION

WHEN AN EMPLOYER HAS MADE A DECISION TO TERMINATE EMPLOYMENT OF TWENTY-FIVE EMPLOYEES OR MORE ALL AT ONE TIME, OR WITHIN A FOUR WEEK PERIOD, THE EMPLOYER MUST GIVE ADVANCE NOTICE TO THE LABOUR STANDARDS OFFICER. THE AMOUNT OF NOTICE VARIES, DEPENDING ON THE NUMBER OF EMPLOYEES AFFECTED BY THE EMPLOYER’S DECISION.

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RULES FOR ENDING EMPLOYMENT

 

TERMINATION FOR JUST CAUSE

AN EMPLOYER WHO TERMINATES AN EMPLOYEE FOR “JUST CAUSE” MUST PROVIDE REASONS TO JUSTIFY SUCH ACTION TO THE LABOUR STANDARDS OFFICER IF THE EMPLOYEE FILES A LABOUR STANDARDS COMPLAINT STATING DISAGREEMENT WITH THE EMPLOYER’S ACTION.

 

EXEMPTIONS TO RULES FOR ENDING EMPLOYMENT

• EMPLOYEES WORKING IN THE CONSTRUCTION INDUSTRY;

• EMPLOYEES WHO WORK LESS THAN (180) DAYS IN A YEAR SEASONALLY OR INTERMITTENTLY, IN A BUSINESS, WORK, TRADE, PROFESSION;

• EMPLOYEES WHO WORK FOR A DEFINITE TERM OR TASK FOR A PERIOD NOT EXCEEDING (365) DAYS WHERE AT THE END OF THE TERM THE EMPLOYMENT IS TERMINATED;

• EMPLOYEES WHO WORK IN AN ACTIVITY, BUSINESS, WORK, TRADE, OR PROFESSION FOR LESS THAN (25) HOURS IN A WEEK.

 

FOR FURTHER INFORMATION CONTACT: 

LABOUR STANDARDS COMPLIANCE OFFICE 

BOX 1000, STN 590

IQALUIT, NUNAVUT X0A 0H0

 

TEL: 1-867-975-6322 TOLL FREE: 1- 877-806-8402

FAX: 1-867-975-6367

 

THIS IS A GUIDE ONLY

FOR INTERPRETATION AND APPLICATIONPURPOSES, REFER TO THE NUNAVUT LABOUR STANDARDS ACT, ITSREGULATIONS AND AMMENDMENTS.

 

HOURS OF WORK & OVERTIME : CASE EXAMPLES

HOURS OF WORK

THE STANDARD (REGULAR) HOURS OF WORK ARE 8 HOURS IN A DAY AND 40 HOURS IN AWEEK. (LEG. REF: PART I – S.4 OF THE NUNAVUT LABOUR STANDARDS ACT).

WHERE AN EMPLOYEE IS REQUIRED OR PERMITTED TO WORK IN EXCESS OF THE STANDARD HOURS OF WORK, THE EMPLOYEE SHALL BE PAID FOR THE OVERTIME AT A RATE OF WAGES NOT LESS THAN ( 1.5 ) TIMES HIS OR HER REGULAR WAGE RATE. (LEG. REF: PART I – S.11. (1) OF THE NUNAVUT LABOUR STANDARDS ACT).

 

TABLE 1

EMPLOYEE WORKED SAME HOURS EACH DAY

	SUNDAY	MONDAY	TUESDAY	WEDNESDAY	THURSDAY	FRIDAY	SATURDAY
WEEKLY HRS	10	10	10	10	10	10	10
REG. HRS	8	8	8	8	8
O.T. HRS	2	2	2	2	2	10	10

HOURS WORKED OVER 8 HRS IN A DAY AS NOTED IN TABLE 1 ARE OVERTIME AND ONCE THE STANDARD ( REGULAR ) HOURS REACH 40 HRS, ANY OTHER HOURS WORKED ARE ALSO OVERTIME.

 

TABLE 2

EMPLOYEE WORKED IRREGULAR HOURS EACH DAY

	SUNDAY	MONDAY	TUESDAY	WEDNESDAY	THURSDAY	FRIDAY	SATURDAY
WEEKLY HRS	10	11	6	8	6	6	10
REG. HRS	8	8	6	8	6	4	0
O.T. HRS	2	3	0	0	0	2	10

IN THE ABOVE TABLE 2, THE PERSON WORKED A TOTAL OF 57 HOURS, (40 REGULAR AND 17 OVERTIME). (AT THE END OF WORK ON THURSDAY, THE EMPLOYEE IN TABLE 2 HAD 36 HOURS STANDARD (REGULAR) HOURS. THUS 4 HOURS WORKED ON FRIDAY ARE TRANSFERRED TO THE REGULAR HOURS COLUMN AND THE REST OF THE HOURS WORKED THAT WEEK BECOME OVERTIME.

 

SUMMARY NOTE: NEITHER THE EMPLOYER NOR THE EMPLOYEE CAN WITHDRAW OR WAIVE A MINIMUM STANDARD SET IN THE NUNAVUT LABOUR STANDARDS ACT. THUS AN EMPLOYER / EMPLOYEE WRITTEN OR VERBAL AGREEMENT THAT STATES ALL HOURS WILL BE PAID AT STRAIGHT TIME WILL NOT BE RECOGNIZED AND IN FACT IS A VIOLATION OF THE LABOUR STANDARDS ACT.

 

ALL MINIMUM STANDARDS AS SET OUT IN THE NUNAVUT LABOUR STANDARDS ACT AND BY REGULATION WILL BE ENFORCED BY THE LABOUR STANDARDS OFFICER WHOSE ROLE IS TO ENSURE COMPLIANCE WITH THE ACT.

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