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:
-
EMPLOYMENT IN AN INDUSTRIAL ESTABLISHMENT;
-
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.
PAYROLL RECORDS
EMPLOYERS ARE REQUIRED TO KEEP, AND HAVE AVAILABLE TO THE LABOUR STANDARDS OFFICER / LABOUR STANDARDS INSPECTOR, PAYROLL RECORDS THAT PROVIDE THE FOLLOWING INFORMATION:
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EMPLOYEE’S NAME AND ADDRESS;
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THE HOURS WORKED OR ON DUTY EACH DAY;
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THE GROSS WAGES AND WAGE PAYMENTS MADE;
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THE DATE OF COMMENCEMENT OF THE PRESENT TERM OF EMPLOYMENT AND THE ANIVERSARY DATE OF EMPLOYMENT;
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THE RATE OF WAGE AND THE DATE AND PARTICULARS OF EACH CHANGE IN THE RATE OF WAGE;
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EACH ANNUAL VACATION GRANTED, SHOWING
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THE DATES OF COMMENCEMENT AND COMPLETION,
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THE PERIOD OF EMPLOYMENT COVERED BY THE ANNUAL VACATION, AND
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THE AMOUNT OF VACATION PAY GIVEN;
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THE AMOUNT OF MONEY PAID IN LIEU OF VACATION WITH PAY ON THE TERMINATION OF EMPLOYMENT;
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THE AMOUNT OF MONEY PAID FOR GENERAL HOLIDAYS UNDER THE ACT;
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THE AMOUNT OF EACH DEDUCTION FROM THE EARNINGS OF THE EMPLOYEE AND THE PURPOSE FOR WHICH THE DEDUCTION WAS MADE;
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A COPY OF ANY NOTICE OF TERMINATION OF EMPLOYMENT;
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THE AMOUNT OF MONEY PAID IN LIEU OF NOTICE OF TERMINATION OF EMPLOYMENT.
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PAYROLL RECORDS
REMINDERS
HOURS OF WORK
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THE RECORD OF HOURS MUST BE MADE DAILY.
RETENTION OF RECORDS
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EVERY EMPLOYER SHALL PRESERVE AND MAINTAIN ABOVE NOTED PAYROLL RECORDS FOR A PERIOD OF NOT LESS THAN TWO YEARS AFTER THE TIME EACH RECORD WAS MADE.
ACCURATE RECORDS NOT KEPT BY EMPLOYER
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WHERE ACCURATE RECORDS ARE NOT MAINTAINED BY THE EMPLOYER, THE EMPLOYEE’S RECORD OF EMPLOYMENT HISTORY WITH THE EMPLOYER MAY BE USED IN COMPLETING AN INVESTIGATION INTO A LABOUR STANDARDS COMPLAINT. IF THERE IS A DISAGREEMENT, THE EMPLOYER WILL BE REQUIRED TO PROVE THE DOCUMENTATION USED IS INCORRECT.
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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.
MINIMUM WAGE / REST PERIODS / RECALL PAY
MINIMUM WAGE RATE - EMPLOYEES ARE REQUIRED TO RECEIVE AT LEAST MINIMUM WAGE FOR ALL HOURS OF WORK.
THE MINIMUM WAGE RATE IS $19.00 PER HOUR WITH NO AGE RESTRICTION. AS OF JANUARY 1, 2024
WAGES ARE DEFINED IN THE LABOUR STANDARDS ACT AS INCLUDING EVERY FORM OF REMUNERATION FOR WORK PERFORMED BUT DOES NOT INCLUDE TIPS AND OTHER GRATUITIES.
REST PERIODS
DAY OF REST - EMPLOYEES ARE ENTITLED TO AT LEAST ONE DAY OF REST IN EACH WEEK, AND WHENEVER PRACTICAL, THAT DAY SHALL BE SUNDAY.
MEAL BREAK – EMPLOYEES MUST RECEIVE A THIRTY (30) MINUTE MEAL BREAK AFTER FIVE CONSECUTIVE HOURS OF WORK AS STATED BY REGULATION. AN EMPLOYEE TAKING A MEAL BREAK SHALL NOT WORK DURING THE MEAL BREAK. IN SOME EMPLOYMENT SITUATIONS IT IS NOT PRACTICAL TO HAVE MEAL BREAK. IN SUCH CASES THE EMPLOYER MUST APPLY TO THE LABOUR STANDARDS OFFICER FOR A WAIVER.
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MINIMUM WAGE / REST PERIODS / RECALL PAY
RECALL PAY
A WAGE REGULATION TO THE LABOUR STANDARDS ACT STIPULATES THAT WHEN AN EMPLOYER CALLS A WORKER BACK TO WORK, AND THE RECALL WAS NOT SCHEDULED IN ADVANCE, THE EMPLOYEE IS ENTITLED TO A MINIMUM PAYMENT EQUAL TO FOUR (4) HOURS AT HIS / HER REGULAR RATE OF PAY FOR REPORTING TO WORK. THIS APPLIES EVEN IF NO WORK IS PERFORMED.
__________________________________
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.
RULES OF PAYMENT
PAY PERIOD – A PERIOD OF EMPLOYMENT FOR CALCULATION OF WAGES EARNED SHALL NOT EXCEED ONE CALENDAR MONTH.
PAYMENT OF WAGES – WITHIN TEN DAYS AFTER THE EXPIRATION OF THE PERIOD OF EMPLOYMENT, EVERY EMPLOYER IS REQUIRED TO CALCULATE WAGES OF AN EMPLOYEE, AND TO PAY ALL WAGES EARNED BY THE EMPLOYEE IN THAT PAY PERIOD.
TERMINATION OF EMPLOYMENT – WITHIN TEN DAYS AFTER THE TERMINATION OF THE EMPLOYMENT, THE EMPLOYER IS REQUIRED TO PAY TO THE EMPLOYEE ALL WAGES EARNED BY THE EMPLOYEE.
SALARY RATES – EMPLOYEES PAID BY A SALARY RATE WHOSE EMPLOYMENT IS TERMINATED, SHALL BE PAID THE CORRESPONDING HOURLY EQUIVALENT OF HIS OR HER SALARY FOR EVERY HOUR OF WORK THAT HE OR SHE WAS EMPLOYED.
METHOD OF PAYMENT – EMPLOYERS ARE REQUIRED TO PAY ALL WAGES IN THE LAWFUL CURRENCY OF CANADA OR BY CHEQUE OR BILL OF EXCHANGE DRAWN ON A BANK OR A CREDIT UNION, OR BY DEPOSIT TO A BANK ACCOUNT DESIGNATED BY THE EMPLOYEE.
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RULES OF PAYMENT
PAYMENT STATEMENT - AN EMPLOYER AT THE TIME OF MAKING ANY PAYMENT OF WAGES WILL SUPPLY THE EMPLOYEE WITH A STATEMENT IN WRITING IDENTIFYING:
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THE PAY PERIOD FOR WHICH THE PAYMENT OF WAGES IS MADE;
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THE NUMBER OF HOURS FOR WHICH PAYMENT IS MADE;
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THE RATE OF WAGES;
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DETAILS OF DEDUCTIONS MADE FROM THE WAGES; AND
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THE ACTUAL SUM BEING RECEIVED BY THE EMPLOYEE.
DETAILED STATEMENT – AN EMPLOYER, ON REQUEST FROM THE EMPLOYEE, IS TO GIVE A DETAILED STATEMENT AS TO THE CALCULATION OF WAGES AND ANY BONUS OR LIVING ALLOWANCE SET OUT IN THE STATEMENT.
__________________________________
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 APPLICATION PURPOSES, REFER TO THE NUNAVUT LABOUR STANDARDS ACT, ITSREGULATIONS AND AMMENDMENTS.
EMPLOYMENT OF YOUNG PERSONS / EDUCATION WORK EXPERIENCE
EMPLOYMENT OF YOUNG PERSONS
DEFINITION – A YOUNG PERSON IS ANYONE UNDER THE AGE OF SEVENTEEN.
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AN EMPLOYER SHALL NOT PERMIT OR REQUIRE A YOUNG PERSON TO WORK AT ANY TIME BETWEEN THE HOURS OF 11PM ON ONE DAY AND 6AM THE NEXT DAY. THE ONLY EXCEPTION WOULD BE IF THE EMPLOYER HAS RECEIVED WRITTEN APPROVAL FROM THE LABOUR STANDARDS OFFICER.
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YOUNG PERSONS CANNOT BE EMPLOYED IN THE CONSTRUCTION INDUSTRY WITHOUT RECEIVING A PERMIT FROM THE LABOUR STANDARDS OFFICER. THE APPLICATION WOULD HAVE TO CONVINCE THE LABOUR STANDARDS OFFICER THAT THE WORK BEING CONSIDERED WOULD NOT PLACE THE YOUNG PERSON IN DANGER, AS WELL AS MEET THE CONDITIONS SET OUT BY RELATED ACTS SUCH AS THE SAFETY ACT ADMINISTERED BY THE WORKERS’ SAFETY & COMPENSATION COMMISSION.
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AN EMPLOYER WHO WISHES TO HIRE A YOUNG PERSON IN ANY OTHER OCCUPATION OUTSIDE OF THE CONSTRUCTION INDUSTRY IS REQUESTED TO APPLY BY MEANS OF AN APPLICATION TO THE LABOUR STANDARDS OFFICER FOR APPROVAL OF THE EMPLOYMENT OF THE YOUNG PERSON.
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EMPLOYMENT OF YOUNG PERSONS / ED. WORK EXPERIENCE
STUDENT EDUCATIONAL WORK EXPERIENCE
IN REFERENCE TO:
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EDUCATIONAL WORK EXPERIENCE, “EMPLOYEE” MEANS A SCHOOL STUDENT WHO IS ENGAGED IN A WORK PROGRAM THAT IS PART OF HIS / HER SCHOOL PROGRAM.
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AN EDUCATIONAL INSTITUTE (SCHOOL OR COLLEGE) THAT WISHES TO PLACE A STUDENT WITH A PRIVATE SECTOR EMPLOYER UNDER THE AUTHORITY OF THE LABOUR STANDARDS ACT MUST SUBMIT AN APPLICATION TO THE LABOUR STANDARDS OFFICER. THE APPLICATION WILL BE REVIEWED BY THE OFFICER AND, IF APPROVED, AN EDUCATIONAL WORK EXPERIENCE PERMIT WILL BE ISSUED WHICH WILL SPECIFY THE RATES OF PAY, IF ANY, TO BE PAID TO THE EMPLOYEE(S) AFFECTED BY THE PERMIT.
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.
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
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EMPLOYEES WORKING IN THE CONSTRUCTION INDUSTRY;
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EMPLOYEES WHO WORK LESS THAN (180) DAYS IN A YEAR SEASONALLY OR INTERMITTENTLY, IN A BUSINESS, WORK, TRADE, PROFESSION;
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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;
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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
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
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EMPLOYEES WORKING IN THE CONSTRUCTION INDUSTRY;
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EMPLOYEES WHO WORK LESS THAN (180) DAYS IN A YEAR SEASONALLY OR INTERMITTENTLY, IN A BUSINESS, WORK, TRADE, PROFESSION;
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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;
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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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PERMITS / AUTHORIZATIONS
THE LABOUR STANDARDS ACT AND ITS REGULATIONS SET OUT THE MINIMUM STANDARDS IN THE WORKPLACE. IT IS NOTED THAT RULES CANNOT BE MADE TO FIT EVERY SITUATION THUS VARIATIONS CAN BE PERMITTED PROVIDING THAT THE LABOUR STANDARDS OFFICER HAS GRANTED AUTHORIZATION IN WRITING TO THE EMPLOYER.
THE FOLLOWING ARE THE TYPE OF PERMITS AND GENERAL AUTHORIZATIONS THAT CAN BE GRANTED:
-
EXTENDED HOURS PERMIT – ALLOWS AN EMPLOYER TO HAVE AN EMPLOYEE OR GROUP OF EMPLOYEES WORK OVER THE MAXIMUM HOURS OF WORK.
-
AVERAGING OF HOURS PERMIT – ALLOWS AN EMPLOYER TO AVERAGE THE HOURS OF WORK OF AN EMPLOYEE OR GROUP OF EMPLOYEES OVER A PERIOD OF ONE OR MORE WEEKS REDUCING THE REQUIREMENT FOR OVERTIME PAY FOR EXCEEDING THE STANDARD HOURS OF WORK.
-
MEAL BREAK – AN EMPLOYER CAN APPLY TO BE EXEMPT FROM THE MEAL REGULATION OF THE LABOUR STANDARDS ACT.
-
MOVING A PUBLIC HOLIDAY – AN EMPLOYER CAN APPLY TO MOVE A PUBLIC HOLIDAY TO ANOTHER DAY.
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PERMITS / AUTHORIZATIONS
-
EMPLOYMENT OF YOUNG PERSONS – IN REFERENCE TO THE CONSTRUCTION INDUSTRY, AN EMPLOYER IS REQUIRED TO SUBMIT AN APPLICATION FOR A PERMIT TO ALLOW A YOUNG PERSON TO WORK IN THE CONSTRUCTION INDUSTRY. A YOUNG PERSON IS ANYONE UNDER THE AGE OF SEVENTEEN.
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EDUCATIONAL WORK EXPERIENCE - AN EDUCATIONAL INSTITUTE (SCHOOL OR COLLEGE) THAT WISHES TO PLACE A STUDENT IN A WORK PLACEMENT AS PART OF THEIR EDUCATIONAL PROGRAM WITH A PRIVATE SECTOR EMPLOYER UNDER THE AUTHORITY OF THE LABOUR STANDARDS ACT, MUST SUBMIT AN APPLICATION TO THE LABOUR STANDARDS OFFICER WHO WILL REVIEW AND ISSUE A DECISION ON WHETHER TO AUTHORIZE AN EDUCATIONAL WORK EXPERIENCE PERMIT.
RULES OF PROCEDURES
-
THE LABOUR STANDARDS OFFICER CAN CANCEL A PERMIT ISSUED AT ANY TIME. SHOULD THIS OCCUR THE EMPLOYER WOULD BE NOTIFIED IN WRITING.
-
EMPLOYEES CAN SUBMIT A REQUEST TO CANCEL A PERMIT. AN INVESTIGATION WOULD BE CONDUCTED AND A DECISION ISSUED ON WHETHER A PERMIT WOULD BE WITHDRAWN. THE EMPLOYER WOULD BE NOTIFIED IN WRITING OF ANY DECISION.
-
PERMITS AUTHORIZED BY THE LABOUR STANDARDS OFFICER ARE NORMALLY ISSUED FOR ONE YEAR. THERE ARE EXCEPTIONS TO THIS RULE DEPENDING ON THE TYPE OF PERMIT.
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.
ANNUAL VACATION & VACATION PAY
-
EVERY EMPLOYEE IS ENTITLED TO AN ANNUAL VACATION & VACATION PAY.
-
THE LENGTH OF TIME AN EMPLOYEE HAS WORKED FOR THE EMPLOYER DETERMINES ELIGIBILITY FOR ANNUAL VACATION.
-
VACATION PAY IS PAID BY THE APPLICABLE PERCENTAGE OF 4% OR 6% OF GROSS WAGES. THE APPLICABLE PERCENTAGE IS DEPENDED ON THE LENGTH OF SERVICE WITH THE EMPLOYER.
ANNUAL VACATION
AFTER AN EMPLOYEE HAS BEEN EMPLOYED BY THE SAME EMPLOYER FOR ONE YEAR AND FOR THE NEXT FIVE YEARS, HE / SHE IS ELIGIBLE FOR AN ANNUAL VACATION OF TWO WEEKS. THE YEARS OF EMPLOYMENT FOLLOWING THE FIRST FIVE YEARS OF EMPLOYMENT, THE EMPLOYEE IS TO RECEIVE AN ANNUAL VACATION OF THREE WEEKS.
VACATION PAY
AT LEAST ONE DAY BEFORE THE BEGINNING OF THE VACATION OR AT AN EARLIER PRESCRIBED TIME, PAY TO THE EMPLOYEE THE VACATION PAY TO WHICH THE EMPLOYEE IS ENTITLED IN RESPECT OF THAT VACATION.
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ANNUAL VACATION & VACATION PAY
VACATION PAY –DEFINED
VACATION PAY MEANS 4% OF THE TOTAL GROSS WAGES OF AN EMPLOYEE FROM START DATE OF WORK AND FOR THE FIRST FIVE (5) YEARS OF EMPLOYMENT AND 6% OF THE TOTAL GROSS WAGES OF AN EMPLOYEE FOR THE SIXTH AND SUBSEQUENT YEARS OF WORK WITH THE SAME EMPLOYER.
VACATION PAY & TERMINATION FROM EMPLOYMENT
WHEN AN EMPLOYEE QUITS HIS OR HER JOB, OR IS LAID OFF OR TERMINATED, THE EMPLOYEE IS ENTITLED TO RECEIVE, AT THAT TIME, WHATEVER VACATION PAY HAS ACCUMULATED BUT HAS NOT ALREADY BEEN PAID.
ALL EMPLOYEES ARE ENTITLED TO BE PAID VACATION PAY, NO MATTER HOW LONG THEY WERE EMPLOYED WITH THE EMPLOYER.
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.
GENERAL HOLIDAYS
GENERAL HOLIDAYS ARE DAYS THAT HAVE BEEN DECREED BY GOVERNMENTS TO HOLD SPECIAL MEANING. SOME HOLIDAYS ARE OF NATIONAL IMPORTANCE AND OTHERS ARE OF LOCAL SIGNIFICANCE. SOME HOLIDAYS COMMEMORATE A HISTORICAL EVENT, WHILE STILL OTHERS ARE RELIGIOUS IN NATURE.
DURING THESE DESIGNATED GENERAL HOLIDAYS, EMPLOYEES WHO MEET THE CONDITIONS PRESCRIBED IN THE LABOUR STANDARDS ACT ARE ELIGIBLE FOR A DAY OFF WITH PAY.
THE FOLLOWING ARE THE GENERAL HOLIDAYS AS LISTED IN THE LABOUR STANDARDS ACT:
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NEW YEAR’S DAY
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GOOD FRIDAY
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VICTORIA DAY
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CANADA DAY
- NUNAVUT DAY
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THE FIRST MONDAY IN AUGUST
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LABOUR DAY
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THANKSGIVING DAY
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REMEMBRANCE DAY
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CHRISTMAS DAY
GENERAL HOLIDAYS
ELIGIBILITY EXCEPTIONS
THE FOLLOWING ARE THE EXCEPTIONS WHERE THE EMPLOYER WOULD NOT BE REQUIRED TO PAY AN EMPLOYEE FOR A GENERAL HOLIDAY LISTED IN THE LABOUR STANDARDS ACT:
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WHERE THE EMPLOYEE HAS NOT WORKED FOR THE SAME EMPLOYER FOR A TOTAL OF THIRTY DAYS DURING THE PRECEDING TWELVE MONTHS PRIOR TO THE HOLIDAY;
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WHERE THE EMPLOYEE DID NOT REPORT TO WORK ON THAT DAY AFTER HAVING BEEN CALLED TO WORK ON THAT DAY;
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WHERE, WITHOUT THE CONSENT OF HIS OR HER EMPLOYER, THE EMPLOYEE HAS NOT REPORTED FOR WORK ON EITHER HIS OR HER LAST REGULAR WORKING DAY PRECEDING OR FOLLOWING THE GENERAL HOLIDAY;
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WHERE THE EMPLOYEE IS ON PREGNANCY OR PARENTAL LEAVE.
SUMMARY NOTE
IN GENERAL, IF AN EMPLOYEE DOES NOT WORK ON THE GENERAL HOLIDAY, THE EMPLOYEE IS ENTITLED TO A REGULAR DAY’S PAY. IF THE EMPLOYEE WORKED ON A GENERAL HOLIDAY, THE EMPLOYEE IS ENTITLED TO EITHER ANOTHER DAY OFF WORK WITH PAY OR A NORMAL DAY’S PAY PLUS (1.5) TIMES HIS/HER REGULAR RATE OF PAY FOR THE TIME WORKED ON THE GENERAL HOLIDAY.
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.
PREGNANCY / PARENTAL / COMPASSIONATE CARE
THE FOLLOWING IDENTIFIES THE JOB PROTECTION RIGHTS OF EMPLOYEES WHO MEET THE CONDITIONS FOR PREGNANCY, PARENTAL AND COMPASSIONATE CARE LEAVE:
LEAVE ENTITLEMENTS
PREGNANCY – EMPLOYEES ARE ENTITLED TO SEVENTEEN CONSECUTIVE WEEKS OF UNPAID LEAVE, COMMENCING AT ANY TIME DURING THE SEVENTEEN WEEK PERIOD IMMEDIATELY PRECEDING THE ESTIMATED DATE OF DELIVERY. IF THE ACTUAL DATE OF DELIVERY IS AFTER THE ESTIMATED DATE OF DELIVERY, AN EMPLOYER IS ENTITLED AT THE REQUEST OF THE EMPLOYEE, TO EXTEND THE PREGNANCY LEAVE FOR A FURTHER PERIOD NOT EXCEEDING SIX WEEKS. IT IS ALSO NOTED THAT ELIGIBLE EMPLOYEES ARE ENTITLED TO THE FULL PERIOD OF LEAVE IF THEY DO NOT GIVE THE REQUIRED NOTICE BECAUSE OF MEDICAL REASONS RELATED TO THE PREGNANCY.
PARENTAL LEAVE – AN EMPLOYEE IS ENTITLED TO THIRTY-SEVEN CONSECUTIVE WEEKS OF UNPAID LEAVE. THE LEAVE, WHETHER NATURAL OR ADOPTIVE, MUST BE TAKEN WITHIN THE PERIOD COMMENCING ON THE DAY OF BIRTH OF THE NEWBORN CHILD OR THE DAY ON WHICH THE CHILD ARRIVES AT THE EMPLOYEE’S HOME, AS THE CASE MAY BE, AND ENDING ONE YEAR AFTER THAT DATE. BOTH PARENTS ARE ELIGIBLE FOR PARENTAL LEAVE.
ELIGIBILITY REQUIREMENTS – AN EMPLOYEE MUST BE EMPLOYED BY AN EMPLOYER FOR TWELVE CONSECUTIVE MONTHS. THE EMPLOYEE MUST REQUEST IN WRITING AT LEAST FOUR WEEKS BEFORE THE INTENDED COMMENCEMENT OF THE LEAVE AND, IN THE CASE OF PREGNANCY LEAVE, PROVIDE A MEDICAL CERTIFICATE IF SO REQUESTED BY THE EMPLOYER.
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PREGNANCY / PARENTAL / COMPASSIONATE CARE
SPECIAL PROVISIONS
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WHERE AN EMPLOYEE HAS TAKEN PARENTAL LEAVE IN ADDITION TO PREGNANCY LEAVE, THE EMPLOYEE MUST COMMENCE THE PARENTAL LEAVE IMMEDIATELY ON THE EXPIRATION OF THE PREGNANCY LEAVE, OR ON THE DAY THE CHILD ARRIVES AT THE EMPLOYEE’S HOME, UNLESS THE EMPLOYEE AND THE EMPLOYER AGREE OTHERWISE.
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AN EMPLOYEE IS ENTITLED TO A MAXIMUM OF FIFTY-TWO WEEKS OF COMBINED PREGNANCY AND PARENTAL LEAVE.
COMPASSIONATE CARE – EVERY EMPLOYEE IS ENTITLED TO AND SHALL BE GRANTED A LEAVE OF ABSENCE FROM EMPLOYMENT FOR UP TO EIGHT WEEKS TO PROVIDE CARE OR SUPPORT TO A FAMILY MEMBER IF A QUALIFIED MEDICAL PRACTIONER ISSUES A CERTIFICATE STATING THAT THE FAMILY MEMBER HAS A SERIOUS MEDICAL CONDITION WITH A SIGNIFICANT RISK OF DEATH WITHIN TWENTY-SIX WEEKS FROM (A) THE DAY THE CERTIFICATE IS ISSUED; OR (B) IF THE LEAVE WAS COMMENCED BEFORE THE CERTIFICATE WAS ISSUED, THE DAY THE LEAVE WAS COMMENCED. A LEAVE OF ABSENCE MAY ONLY BE TAKEN IN PERIODS OF NOT LESS THAN ONE-WEEK DURATION.
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PROHIBITED ACTION BY THE EMPLOYER
NO EMPLOYER SHALL DISMISS, SUSPEND, LAY OFF, DEMOTE OR DISCIPLINE AN EMPLOYEE BECAUSE AN EMPLOYEE HAS APPLIED FOR LEAVE UNDER THE PREGNANCY / PARENTAL / COMPASSIONATE CARE PROVISIONS OF THE LABOUR STANDARDS ACT.
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.
DEDUCTIONS FROM WAGES
GENERAL RULE
PART VI, SECTION 51(1) OF THE LABOUR STANDARDS ACT PROVIDES FOR THE GENERAL RULE: “NO EMPLOYER MAY MAKE DEDUCTIONS FROM WAGES OR OTHER AMOUNTS DUE TO AN EMPLOYEE EXCEPT AS PERMITTED BY OR UNDER THIS SECTION.”
SECTION 51(1) PROHIBITS AN EMPLOYER FROM MAKING DEDUCTIONS FROM WAGES EXCEPT UNDER SPECIFIC CIRCUMSTANCES. ONE OF THE SPECIFIC CIRCUMSTANCES IS WHEN DEDUCTIONS ARE “AMOUNTS” THAT HAVE PRIOR WRITTEN SIGNED AUTHORIZATION FROM THE EMPLOYEE. FOR SUCH DEDUCTIONS, THE AUTHORIZATION MUST BE IN WRITING, SPECIFIC TO A PARTICULAR SUM, AND BE GIVEN BY TRULY CONSENTING TO THE PAYMENT THROUGH A PAYROLL DEDUCTION. THE SUM MUST HAVE BEEN ORIGINALLY A BENEFIT RECEIVED BY THE EMPLOYEE.
WHAT CAN BE DEDUCTED FROM AN EMPLOYEE’S PAY CHEQUE?
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DEDUCTIONS REQUIRED BY FEDERAL OR PROVINCIAL LAWS SUCH AS TAXES AND EMPLOYMENT INSURANCE PREMIUMS.
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DEDUCTIONS AUTHORIZED BY COURT ORDER SUCH AS CHILD SUPPORT GARNISHMENT OR BY A COLLECTIVE AGREEMENT SUCH AS UNION DUES.
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OVERPAYMENT OF WAGES.
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SPECIFIC AMOUNTS AUTHORIZED IN WRITING BY THE EMPLOYEE.
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DEDUCTIONS FROM WAGES
BLANKET AUTHORIZATION
A GENERAL BLANKET AUTHORIZATION IN EMPLOYMENT CONTRACTS, WITH OR WITHOUT SPECIFIC AMOUNTS, MAY OPERATE TO ASSIGN RESPONSIBILITY OR LIABILITY TO THE EMPLOYEE, BUT THE CORRESPONDING DEDUCTION REQUIRIES SPECIFIC AUTHORIZATION.
SUMMARY
EMPLOYERS CANNOT DEDUCT MONEY, ALLEGED TO BE OWED BY AN EMPLOYEE TO THE EMPLOYER, FROM AN EMPLOYEE’S WAGES WITHOUT THE EMPLOYEE AGREEING TO THE DEDUCTION, IN WRITING, AT THE TIME OF THE DEDUCTION. IN THIS WAY, THE EMPLOYEE UNDERSTANDS WHAT HE / SHE IS SIGNING AND HOW OR WHEN IT WILL AFFECT THE WAGES OF THE EMPLOYEE.
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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.
ADMINISTRATION & GENERAL RULES
THE ADMINISTRATION AND GENERAL RULES INCLUDE PROCEDURES FOR HANDLING LABOUR COMPLAINTS AND INITIATING INSPECTIONS TO ENSURE EMPLOYERS ARE IN COMPLIANCE WITH THE MINIMUM STANDARDS OF THE LABOUR STANDARDS ACT.
LABOUR STANDARDS COMPLAINT
A WORKER EMPLOYED BY AN EMPLOYER AND COMPLETING WORK IN NUNAVUT HAS THE RIGHT TO FILE A LABOUR STANDARDS COMPLAINT WITH THE LABOUR STANDARDS OFFICER IF THE WORKER BELIEVES HIS OR HER RIGHTS AS STATED IN THE LABOUR STANDARDS ACT WERE NOT COMPLIED WITH BY THE EMPLOYER. BEFORE A WORKER FILES A LABOUR STANDARDS COMPLAINT, A WORKER IS EXPECTED TO DISCUSS THE LABOUR STANDARDS COMPLAINT WITH HIS / HER EMPLOYER.
ROLE OF LABOUR STANDARDS OFFICER
THE LABOUR STANDARDS OFFICER WILL ATTEMPT TO MEDIATE SOLUTIONS TO LABOUR STANDARDS COMPLAINTS WHILE ENSURING COMPLIANCE WITH THE MINIMUM STANDARDS OF THE LABOUR STANDARDS ACT. IF THE OFFICER CANNOT RESOLVE THE LABOUR DISPUTE, A NOTICE FOR NON WAGE COMPLAINTS ORDERING THE EMPLOYER TO COMPLY WILL BE ISSUED. IN CASES OF WAGE CLAIMS, A WAGE CERTIFICATE WILL BE PREPARED AND FORWARDED TO EMPLOYER WITH CORRESPONDENCE NOTIFYING BY ORDER OF THE OFFICER TO PAY TO THE EMPLOYEE(S) WAGES DETERMINED OWED.
IT IS NOTED THAT ANY DECISION OF THE LABOUR STANDARDS OFFICER CAN BE APPEALED TO THE LABOUR STANDARDS BOARD. THE BOARD IS INDEPENDENT, AND ITS ROLE IS TO HEAR APPEALS OF DECISIONS ISSUED BY THE LABOUR STANDARDS OFFICER.
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ADMINISTRATION & GENERAL ROLES
FILING A LABOUR STANDARDS COMPLAINT WITH THE LABOUR STANDARDS COMPLIANCE OFFICE:
A WORKER IS EXPECTED TO PROVIDE THE FOLLOWING INFORMATION:
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THE RESULTS OF ANY INITIATIVES BY THE EMPLOYEE TO RESOLVE THE MATTER WITH THE EMPLOYER;
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THE CORRECT NAME, ADDRESS OF THE EMPLOYER AND THE LOCATION WHERE THE WORK WAS PERFORMED;
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A WORKER’S DATE OF HIRE AND THE DATE OF TERMINATION WHERE APPLICABLE;
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A BRIEF STATEMENT EXPLAINING THE NATURE OF THE PROBLEM, INCLUDING ANY APPROPRIATE WRITTEN DOCUMENTATION.
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.
EXEMPT VS. NON – EXEMPT STATUS – TIME RECORDS & PAY
EXEMPT STATUS – CAN BE DEFINED IN REFERENCE TO APPLICATION S.2.(2) OF THE NUNAVUT LABOUR STANDARDS ACT WHICH STATES IN SUMMARY:
MANAGERS - PART I - HOURS OF WORKOF THE LABOUR STANDARDS ACT DOES NOT APPLY TO OR IN RESPECT OF EMPLOYEES WHO ARE EMPLOYED IN A MANAGERIAL CAPACITY.
TIME RECORDS & PAY
THERE IS NOTHING STATED IN THE ACT THAT PROHIBITS EMPLOYERS FROM REQUIRING EXEMPT EMPLOYEES FROM SUBMITTING TIME RECORDS. SUCH RECORDS ARE A SIMPLE AND UNIFORM WAY OF TRACKING ALL EMPLOYEE ENTITLEMENTS TO VACATION & VACATION PAY AND GENERAL (STATUTORY) HOLIDAY PAY AS WELL AS OTHER PERSONAL LEAVE BENEFITS SUCH AS SICK LEAVE.
NON – EXEMPT STATUS – IS DEFINED AS ANY EMPLOYEE WHO DOES NOT FALL UNDER MANAGERIAL STATUS AS DEFINED IN THE APPLICATION S.2.(2) OF THE LABOUR STANDARDS ACT BUT IS PAID A SALARY RATE.
PART V1 S.50.(5) OF THE LABOUR STANDARDS ACT STATES AS FOLLOWS: WHERE AN EMPLOYEE IS EMPLOYED ON A SALARIED BASIS AND HIS OR HER EMPLOYMENT IS TERMINATED, THE EMPLOYEE SHALL BE PAID THE CORRESPONDING HOURLY EQUIVALENT OF HIS OR HER SALARY FOR EVERY HOUR OF WORK THAT HE OR SHE WAS EMPLOYED.
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EXEMPT VS. NON – EXEMPT STATUS – TIME RECORDS & PAY
AN EMPLOYEE AGREEMENT CAN IDENTIFY A WAGE PAYMENT BY MEANS OF A FIXED SALARY RATE FOR A STATED SET NUMBER OF HOURS OF WORK WHICH MAY INCLUDE OVERTIME HOURS WITH THE FOLLOWING CONDITIONS APPLYING:
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THE HOURLY WAGE RATE EQUIVALENT OF THE SALARY MUST BE AT LEAST MINIMUM WAGE OR HIGHER.
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THE TOTAL WAGES EARNED AND RECEIVED MUST MEET THE MINIMUM STANDARDS IN PART I – HOURS OF WORK , PLUS ANY APPLICALBLE RULES SET OUT IN PART II – MINIMUM WAGE; PART III – ANNUAL VACATION & PAY; PART IV – GENERAL HOLIDAYS AND PART VI S.46.(1) - PAYROLL RECORDS .
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WHERE THERE IS A REQUIREMENT FOR THE NON-EXEMPT SALARIED EMPLOYEE TO WORK ADDITIONAL HOURS, (ABOVE THE HOURS ORIGINALLY AGREED TO IN THE SALARY AGREEMENT), THE EMPLOYER MUST COMPENSATE THE EMPLOYEE FOR WORKING THESE ADDITIONAL HOURS. IN ALL PROBABILITY THESE HOURS WILL BE OVERTIME AND THUS WILL BE REQUIRED TO BE PAID AT ( 1.5 ) TIMES THE EMPLOYEE’S HOURLY WAGE RATE EQUIVALENT OF THE SALARY RATE.
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THE EMPLOYER IS REQUIRED UNDER PART VI S.46.(1) OF THE ACT TO RECORD AND MAINTAIN THE DAILY HOURS OF WORK FOR SUCH EMPLOYEES.
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.