Canada: Jurisdictional Summary – Yukon

Last Updated: December 19 2014
Practice Guide by Blaney McMurtry LLP

All references are to the Employment Standards Act, RSY 2002, c 72, unless noted otherwise.

HOURS OF WORK Working hours of an employee shall not exceed eight hours in a day and 40 hours in a week 6
EATING PERIODS One-half hour eating period every five hours where an employee works for 10 hours or less 13(1)(a), or, if working more than 10 hours, an eating period every 6 hours 13(1)(b)

Period to be counted as worked if employee is required to work during those periods 13(2)
REST PERIODS Hours of work shall, wherever practicable, be scheduled and worked so that each employee has at least two full days of rest in a week, and, wherever practicable, Sunday shall be one of the normal days of rest in a week 12(1)

Exception where employee may be requested to work for up to 28 continuous days without a rest day where additional work is necessary in order to complete the project on which the employee was employed during those 28 days 12(2); in such a case an employee is entitled to at least one day of rest for each 7 continuous days of work, and to take the accrued days of rest continuously with each other 12(3)

At least 8 consecutive hours free from work between each shift worked, except in case of emergency 14(1)

Above requirement may be amended in case of unreasonable hardship imposed on the employer 14(2)
OVERTIME Employer shall pay employee 1 ½ times regular wages for all hours worked in excess of (a) 8 in a day, or (b) 40 in a week, excluding hours worked in excess of eight in a day 8(1)

Employee shall make reasonable efforts to give employee notice of their requirement to work overtime 8(3)

Employee may refuse to work overtime for just cause, but must state the refusal and the cause for the refusal in writing to the employer 8(5)

May be amended in case of collective agreement 9, or excepted in special cases as determined by the director 10
MINIMUM WAGE Employer must pay employee a rate that is at least equal to the minimum wage, and not less than the equivalent of that rate for the time worked by the employee 17

Minimum hourly wage was fixed at $10.30 per hour effective May 1, 2012, and has been increased according to inflation since April 1, 2013, according to the Consumer Price Index for Whitehorse O.I.C. 2012/46, Sched., s. 1 ($10.72 per hour as of May 23, 2014)
VACATION Every employee is entitled to and shall be granted a vacation with pay of at least two weeks in respect of every completed year of employment 21(1)

Vacation may not be taken more than 10 months after completion of employment year for which it was granted 22(a)

Vacation requirement may be altered by written agreement between employer and employee, but the employer must pay the employee vacation pay in addition to any other amount due for the time entitled for a vacation 23(3)
HOLIDAYS Every employer shall give to each of their employees a holiday with pay in respect of every general holiday falling within a period of their employment 29(1)

If the holiday falls on a non-working day for the employee, the employee shall be granted a holiday with pay on the working day immediately following the general holiday 29(2)

If an employee is required to work on a day that is a holiday, the employee shall be paid at the applicable overtime rate for the hours worked, and be paid at the regular rate for the hours worked on that day, and be given a day off which may be added to the employee's annual vacation or granted as a day off at a time convenient to the employer or employee 31(a)(b)
MINIMUM WORKING AGE No general minimum working age. However, there are limitations on youth employment for certain occupations or workplaces.
EQUAL PAY No employer shall discriminate between male and female employees by paying a female employee at a rate of pay less than the rate of pay paid to a male employee, or vice versa, employed by the employer for similar work performed in the same establishment under similar working conditions and the performance of which requires similar skill, effort and responsibility, except when due to (a) a seniority system, (b) a merit system, (c) a system that measures earnings by quality or quantity of production; or (d) a differential based on any factor other than sex 44
LEAVES OF ABSENCE MATERNITY – up to 17 consecutive weeks, without pay, when the employee has worked for at least 12 continuous months 36(1)

An employer may require an employee to take a leave under s. 36 any time within six weeks of the probable date of birth of the child 37(1)

Must be continuous with parental leave 39

PARENTAL – up to 37 weeks, without pay, when the employee has worked for at least 12 continuous months and (a) becomes the birth mother of a child, (b) becomes the birth father of a child, or (c) adopts a child 38(1)

Must submit request for leave at least four weeks before the leave set out is to begin 38(2), and must be complete no later than the first anniversary date of the birth or adoption of the child 38(3)

SICK – one day without pay for every month the employee has been employed up to a maximum of 12 days 59(2)

No employer shall dismiss or lay off an employee solely because of the employee's absence due to illness or injury if the period of absence does not exceed the employee's entitlement under s. 59(2) 59(1)

BEREAVEMENT – up to one week if a member of an employee's family dies, provided that the funeral of the member of the family falls within that week 60(2)

If an employee is designated by the family of a deceased member of a First Nation as the person responsible for organizing the funeral potlatch, the employee is entitled to bereavement leave 60(3)

COMPASSIONATE CARE - up to eight weeks to provide care or support to a family member of the employee if a certificate is issued by a medical practitioner stating that the family member has a serious medical condition with a significant risk of death within 26 weeks from the day the certificate was issued.

CRITICAL ILLNESS OF A CHILD – up to 37 weeks in order to care for or support a critically ill child for employees who have been employed for at least six months 60.02(2)

DISAPPEARANCE OR DEATH OF A CHILD – up to 104 weeks if the employee is the parent of a child who has died and it is probable, considering the circumstances, that the child died as a result of a crime 60.03(2)

Up to 52 weeks if the employee is the parent of a child who has disappeared and it is probable, considering the circumstances, that the child disappeared as a result of a crime 60.03(3)

RESERVISTS – if employee has completed six consecutive months of employment, they are entitled to take leave for the following operations or activities: 60.05(1)
  1. Operation in Canada or abroad that is designated by the Minister of National Defence;
  2. Training for up to 15 days;
  3. Training that they are ordered to take under the National Defence Act;
  4. Duties that they are called out on service to perform under the National Defence Act;
  5. Service in aid of a civil power for which they are called out under the National Defence Act 60.05(1)
TERMINATION/SEVERANCE Employer shall not terminate employee who has been employed for six consecutive months unless they give: 50(1)
  1. One week's notice in writing for employee whose period of employment is less than a year;
  2. Two weeks' notice in writing for 1-3 years employment;
  3. Three weeks' notice in writing for 3-4 years employment;
  4. Four weeks' notice in writing for 4-5 years employment;
  5. Five weeks' notice in writing for 5-6 years employment;
  6. Six weeks' notice in writing for 6-7 years employment;
  7. Seven weeks' notice in writing for 7-8 years employment;
  8. Eight weeks' notice in writing for 8 or more years employment 50(1)

If employer terminates without notice, then the employer shall pay termination pay equal to the amount the employee would have been entitled to receive as regular wages for their normal hours of work over the prescribed period 51

EXEMPTIONS Annual vacation regulations do not apply with respect to employees employed by their own family 20

Act does not apply to the Government of the Yukon or to the employees of the Government of the Yukon

Hours of work regulations do not apply to:
  1. An employee who is a member of the employer's family;
  2. A travelling salesperson;
  3. An individual whose duties are primarily of a supervisory or managerial character
  4. A member or student of a professional association

Act does not apply to:

  1. Person engaged as a guide or outfitter;
  2. Person, other than a percussion drill or diamond drill operator or drill helper, employed in staking, line cutting, geological mapping, geochemical sampling or testing, geophysical surveying or manual stripping activities in the course of exploration for minerals;
  3. Person employed exclusively as a watchman or caretaker, unless her employer is a private security agency;
  4. Farm workers;
  5. Domestics Yukon Reg OIC 1984/344 s. 3
This document is not intended to create an attorney-client relationship. You should not act or rely on any information in this document without first seeking legal advice. This material is intended for general information purposes only and does not constitute legal advice. If you have any specific questions on any legal matter, you should consult a professional legal services provider.

To print this article, all you need is to be registered on

Click to Login as an existing user or Register so you can print this article.

Contact the Author?
Click here to email the Author
In Association with
In Partnership with
Other Canada Advice Centres
Competition and Antitrust
Mergers and Acquisitions
Intellectual Property
More Advice Centers
Significant Recent Cases
Blaneys@Work is a site produced and run by Blaney McMurtry LLP’s Employment and Labour Group. It is full of useful information regarding recent events and decisions in the world of labour and employment law.
Useful Resources
Latest updates regarding current employment and labour issues.
Employment standards are essentially the foundation for creating productive workplaces, help protect the rights of workers and and provide the necessary conditions for a productive economy.
Federal labour standards set out the minimum standards that federally regulated employers and employees must follow.
The right to fair wages and working conditions extends to trades workers employed on construction sites under federal contracts, and is guaranteed under the Fair Wages and Hours of Labour Act and Regulations.
If you are an employee legally entitled to work in Canada, you have certain protections under the Wage Earner Protection Program Act concerning payment of your wages, vacation, severance and termination pay if your employer becomes bankrupt or subject to a receivership under the Bankruptcy and Insolvency Act.
The minimum wage is a basic labour standard that sets the lowest wage rate that an employer can pay to employees who are covered by the legislation.
Canadians have the right to be treated fairly in workplaces free from discrimination.
Upcoming Events
View the latest and upcoming Blaney Seminars.
A list of all the upcoming CBA programs.
Font Size:
Mondaq on Twitter
Mondaq Free Registration
Gain access to Mondaq global archive of over 375,000 articles covering 200 countries with a personalised News Alert and automatic login on this device.
Mondaq News Alert (some suggested topics and region)
Select Topics
Registration (please scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of

To Use you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.


The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.


Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions