All references are to the Labour Standards Act, RSNWT (Nu) 1988, c L-1 unless noted otherwise.
HOURS OF WORK | Standard hours of work are 8 hours
daily and 40 hours per week (4) There is a 10 hour daily maximum and 60 hours weekly maximum (5) Labour Standards Officer may extend these periods where the nature of the work in an industrial establishment is seasonal or intermittent or in exceptional circumstances (6(1)) or may average the hours where work in an industrial establishment necessitates irregular distribution (7(1)) Maximum hours may be exceeded in the event of(a) an accident to machinery, equipment, plant or persons, (b) urgent and essential work to be done to machinery, equipment or plant, or (c) other unforeseen or unpreventable circumstances, but only to the extent necessary to prevent serious interference with ordinary working of the establishment (9) |
EATING PERIODS1 | Every employee is entitled to a meal
break of at least 30 minutes following each period of five
continuous hours of work (LSMR 1) An employee taking a meal break shall not work during the meal break (LSMR 2) and the Labour Standards Officer may exempt any employer or employee from the above (LSMR 3) |
REST PERIODS | Employees must have at least one full day of rest in a week and, where practicable, this day is to be Sunday (10) |
OVERTIME | Overtime must be paid after an
employee's working hours exceed the standard hours of work (8
hours daily or 40 hours weekly) at wages not less than 1.5 times
their regular rate (11) Where a week contains a general holiday that the employee is entitled to, the weekly standard is reduced to 32 hours and calculated overtime shall not include hours worked on the holiday (11(3)) |
MINIMUM WAGE | The minimum wage paid to an employee
is to be not less than the minimum wage rate or an amount
equivalent of the rate set out in 12(1.1), which is currently $11
hourly (12(1)) If an employee's wages are computed and paid on a basis other than time, the Board may fix a standard basis of work to which a minimum wage on a basis other than time may be applied and fix a minimum rate of wages that is equivalent to the minimum rate of wages set out in 12(1.1) (12(2)) |
MINIMUM AGE2 | An employer may employ a person under
the age of 17 years in any occupation, except in the occupations
and subject to the conditions that may be prescribed
(13), and in any event not between the hours of
11pm and 6am without approval from the Labour Standards Officer
(EYPR 4) Persons under 17 may not be employed in the construction industry unless the employer obtains approval in writing from the Labour Standards Officer (EYPR 2) Where an employer employs a person under 17, the employment is conditional on the employer satisfying the Labour Standards Officer that the employment is not liable to be detrimental to health, education or moral character (EYPR 3) |
VACATION | Employees are entitled, after each year of employment with an employer to 2 weeks of paid (at current wage, per 18) vacation for the first 5 years of employment and 3 weeks paid for those years after the first 5, whether or not they are consecutive (16(1)) |
HOLIDAY | All employees are entitled to holiday
pay with respect to each of the general holidays falling on a day
within any period of their employment (22) "General holiday" means New Year's Day, Good Friday, Canada Day, the first Monday in August, Labour Day, Thanksgiving Day, Remembrance Day, Christmas Day, and the day fixed by the Governor General for observance of the birthday of the reigning sovereign, and includes any day substituted for any such holiday pursuant to sections 23 or 25(1) An employee whose wages are calculated on the basis of time shall, for a general holiday on which the employee does not work, be paid at least the wages the employee would have earned at the regular rate of wages for the normal hours of work (24(1)) |
EQUAL PAY | N/A |
LEAVES OF ABSENCE | PREGNANCY - Employees are entitled to
pregnancy leave without pay, for 17 consecutive weeks commencing
any time during the 17 week period immediately preceding the
estimated delivery date, upon submitting to employers a written
request for such leave at least 4 weeks before they intend to
commence the leave, and, upon request, providing a medical
certificate evincing the pregnancy and estimated delivery date
(31(1) and (2)). Pregnancy leave
can be extended if actual delivery is after the estimated date at
the request of the employee, for a further unpaid period not
exceeding that period between the estimated and actual delivery
date, and not exceeding 6 consecutive weeks (31(3)) PARENTAL - Employees are entitled to 37 consecutive weeks without pay if they are employed for the "prescribed length of time" and submit to their employer a written request at least 4 weeks before the day they intend to commence the leave (34(1)).Themaximum period of combined pregnancy and parental leave is 52 weeks (35.1) COMPASSIONATE CARE - Employees are entitled to up to 8 weeks to care for a family member with a serious medical condition with a significant risk of death within 26 weeks from the day the certificate is issued or, if the leave was commenced before its issuance, the day the leave was commenced (39.1(2)). This leave must be taken in periods of at least 1 week duration (39(4)) RESERVIST - Employees are entitled to leave without pay for the duration of a period of service as defined in the National Defence Act if they are a member of the reserve force and have been employed by their employer for at least 6 consecutive months (39.10), provided they give their employer at least 4 weeks' notice in writing (39.10(2)) |
TERMINATION/SEVERANCE | Employees may not terminate an
employee if the employee has been employed for 90 days, unless the
employer gives notice of termination or pays termination pay
(14.03(1)). Employer shall give the employee written notice of not less than 2 weeks, if they have been employed for less than 3 years, and an additional week for each additional year of employment up to 8 weeks (14.03(2)) In place of giving notice, employers can pay termination pay equal to the wages and benefits to which the employee would have been entitled if the employee had worked usual hours for each week of the period when notice would otherwise be required (14.03(4)) |
EXEMPTIONS | Termination provisions (14.03) do not
apply to employees employed (a) in the construction industry; (b)
for less than 180 days in a year, seasonally or intermittently, in
a business, work, trade or profession; (c) in an activity,
business, work, trade or profession, for a definite term or task
for a period not exceeding 365 days where at the end of the term
the employment is terminated; or (d) in an activity, business,
work, trade or profession for less than 25 hours a week
(NOTER 1)3 The Labour Standards Officer may exempt from the application of section 12 (minimum wage provisions) employers who provide employment to school students in work programs (EWER 1,2)4 |
Footnotes
1. Labour Standards Meal Regulations, RRNWT (Nu) 1990 c L-4
2. Employment of Young Persons Regulations, RRNWT (Nu) 1990 c L-3
3. Notice of Termination Exemption Regulations, RRNWT (Nu) 1990 c L-5
4. Educational Work Experience Regulations, RRNWT (Nu) 1990 c L-2
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