WHAT IS THE LABOUR STANDARDS ACT ?
THE LABOUR STANDARDS ACT IS A STATUTE. A LAW PASSED BY THE NUNAVUT LEGISLATIVE ASSEMBLY. IT IS THE BASIC LEGAL AUTHORITY FOR LABOUR STANDARDS IN NUNAVUT. THE ACT SETS OUT THE GENERAL RIGHTS AND RESPONSIBILITIES FOR BOTH EMPLOYERS AND EMPLOYEES. IT IDENTIFIES THE ADMINISTRATIVE PROCEDURES AND AUTHORITY OF THE LABOUR STANDARDS OFFICER AS WELL AS THE LABOUR STANDARDS BOARD. EMPLOYERS CANNOT OFFER AND EMPLOYEES CANNOT ACCEPT WAGES OR EMPLOYMENT CONDITIONS THAT ARE LESS THAN WHAT IS ALLOWED UNDER THE ACT.
REGULATIONS ARE CREATED UNDER THE AUTHORITY OF THE ACT. THE REGULATIONS SET OUT THE SPECIFIC RULES AND DETAILS.
THE ACT APPLIES TO:
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EMPLOYMENT IN AN INDUSTRIAL ESTABLISHMENT;
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EMPLOYEES WHO ARE EMPLOYED IN THE OPERATION OF AN INDUSTRIAL ESTABLISHMENT;
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DOMESTIC WORKERS, WHEN DEFINED BY REGULATION.
THE ACT DOES NOT APPLY TO:
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TRAPPERS AND PERSONS ENGAGED IN COMMERCIAL FISHERIES;
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MEMBERS OR STUDENTS OF PROFESSIONS TO WHICH REGULATIONS STATE THE ACT DOES NOT APPLY;
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PART – 1 HOURS OF WORK DOES NOT APPLY TO OR IN RESPECT OF EMPLOYEES WHO ARE EMPLOYED IN A MANAGERIAL CAPACITY.
NOTE: UNIONIZED EMPLOYEES ARE SUBJECT TO THEIR NEGOTIATED COLLECTIVE AGREEMENTS AND TO USE THE GRIEVANCE PROCESS TO SETTLE DISPUTES. COLLECTIVE AGREEMENTS MUST PROVIDE AT LEAST THE MINIMUM STANDARDS SET OUT IN THE LABOUR STANDARDS ACT.
WHAT IS THE LABOUR STANDARDS ACT ?
APPLICATION OF THE ACT
WHERE THERE IS A DISPUTE AS TO WHETHER THIS ACT APPLIES IN RELATION TO ANY PERSON OR CLASS OF PERSONS, THE MATTER SHALL BE DETERMINED BY THE LABOUR STANDARDS OFFICER.
CONTRACT OF EMPLOYMENT
EACH EMPLOYEE HAS A CONTRACT OF EMPLOYMENT. THE CONTRACT PROVIDES FOR A PRESCRIBED PAYMENT TO BE MADE FOR PERFORMING A SPECIFIC AMOUNT OF WORK. THE CONTRACT DOES NOT HAVE TO BE WRITTEN, SUCH AN AGREEMENT IS IMPLICIT IN EVERY EMPLOYMENT RELATIONSHIP, THE LABOUR STANDARDS ACT FORMS PART OF THE CONTRACT. EMPLOYERS AND EMPLOYEES DO NOT HAVE THE RIGHT TO NEGOTIATE WHATEVER TYPE OF CONTRACT THEY WISH. THE LABOUR STANDARDS ACT HAS MODIFIED THAT RIGHT. EMPLOYERS ARE RESPONSIBLE FOR DEMONSTRATING THAT THEY HAVE TREATED THEIR EMPLOYEES IN ACCORDANCE WITH THE ACT.
FEDERAL JURISDICTION
PART III LABOUR STANDARDS OF THE FEDERAL CANADA LABOUR CODE COVERS EMPLOYEES WHO WORK IN AREAS OF FEDERAL JURISDICTION. FOR EXAMPLE: RAILWAYS, PIPELINES, FERRIES, AIR TRANSPORT, RADIO AND TELEVISION, BROADCASTING, BANKS, CABLE SYSTEMS, INTER- PROVINCIAL TRUCKING AND SHIPPING PLUS FEDERAL CROWN CORPORATIONS. INQUIRIES ARE TO BE DIRECTED TO THE FEDERAL DEPARTMENT OF LABOUR. THE LOCAL FEDERAL SERVICE CANADA OFFICE CAN PROVIDE FURTHER ASSISTANCE.
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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.