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Employment Contracts – Know The Laws Of Your Province

Employment contract regulations are essential for establishing fair and transparent working conditions between employers and employees. These regulations define key aspects such as wages, working hours, overtime pay, vacation entitlements, and termination procedures. Employers are required to provide written contracts outlining job terms, ensure timely payment of wages, and adhere to statutory notice periods for termination or layoffs. Employees are entitled to protections against unfair dismissal, wage deductions, and discrimination in pay. While employment standards share common principles across Canada, specific regulations vary by province and territory to address regional labor conditions and industry requirements. Compliance with these regulations safeguards workers' rights, promotes job stability, and fosters equitable workplace practices.  

FEDERAL

The Canada Labour Standards Regulations (Sections 3.1, 4, 5, 6, 12, 13, 14, 30) establish key requirements for employment statements, work schedules, averaging of hours, annual vacations, and lay-offs. Employers must provide written employment statements detailing job terms, pay, and work conditions. Work schedules must be posted, and modifications require written agreements. Averaging of work hours allows irregular schedules but must comply with limits on standard (40 hours per week) and maximum (48 hours per week) hours. Employees are entitled to vacation within ten months of earning it, with vacation pay provided before or during the leave. 

Employment Statement 

The following information must be included in the employment statement provided under section 253.2 of the Act: 

(a) the names of the parties to the employment relationship;  

(b) the job title of the employee and a brief description of their duties and responsibilities; 

(c) the address of the ordinary place of work; 

(d) the date on which the employment commences; 

(e) the term of the employment; 

(f) the duration of the probationary period, if any; 

(g) a description of the necessary qualifications for the position; 

(h) a description of any required training for the position; 

(i) the hours of work for the employee, including information on the calculation of those hours and rules regarding overtime hours; 

(j) the rate of wages or salary and the rate of overtime pay; 

(k) the frequency of pay days and the frequency of payment of any other remuneration; 

(l) any mandatory deductions from wages; and 

(m) information about how the employee can claim reimbursement of reasonable work-related expenses. Section 3.1.  

Averaging 

(1) Where the nature of the work in an industrial establishment necessitates that the hours of work of certain employees be irregularly distributed with the result that those employees: 

(a) have no regularly scheduled daily or weekly hours of work, or 

(b) have regularly scheduled hours of work that vary in number from time to time, the hours of work of each of those employees in a day and in a week may be calculated as an average over an averaging period of two or more consecutive weeks. 

(2) The averaging period referred to in subsection (1) may be changed in accordance with these Regulations but shall not exceed the number of weeks necessary to cover the period in which fluctuations in the hours of work of the employees take place. 

(3) Before averaging hours of work under subsection (1) or changing the number of weeks in the averaging period, the employer shall, at least 30 days before the date on which the averaging or the change takes effect, 

(a) post a notice of intention to average hours of work or change the number of weeks in the averaging period, containing the information set out in Schedule IV; and 

(b) provide a copy of the notice to the Head of Compliance and Enforcement and every trade union representing any affected employees who are subject to a collective agreement. 

(4) Where averaging of hours of work is in effect, the employer shall post a notice containing the information set out in Schedule IV. 

(5) Where the parties to a collective agreement have agreed in writing to average the hours of work of employees or to change the averaging period and the written agreement is dated and contains the information set out in Schedule IV, the employer need not satisfy the requirements of subsections (3) and (4). 

(6) Where the hours of work of employees are calculated as an average pursuant to subsection (1), 

(a) the standard hours of work of an employee shall be 40 times the number of weeks in the averaging period; 

(b) the maximum hours of work of an employee shall not exceed 48 times the number of weeks in the averaging period; and 

(c) the overtime rate referred to in paragraph 174(1)(a) of the Act shall be paid or, subject to subsection 174(2) of the Act, the time off referred to in paragraph 174(1)(b) of the Act shall be granted for those hours worked in excess of the standard hours of work referred to in paragraph (a), excluding those hours for which a rate at least one and one-half times the regular rate of wages has been paid prior to the end of the averaging period. 

(7) Subject to subsection (8), the standard hours of work and the maximum hours of work calculated in accordance with subsection (6) shall be reduced by eight hours for every day during the averaging period that, for an employee, is a day: 

(a) of annual vacation with pay; 

(b) of general or other holiday with pay; 

(c) of leave of absence with pay under subsection 205(2) of the Act; 

(d) of personal leave with pay; 

(e) of leave for victims of family violence with pay; 

(f) of bereavement leave with pay; 

(f.1) of medical leave of absence with pay; or 

(g) that is normally a working day in respect of which the employee is not entitled to regular wages. 

(8) The standard hours of work and the maximum hours of work calculated in accordance with subsection (6) shall not be reduced by more than 40 hours for any week that, for an employee, is a week: 

(a) of annual vacation with pay; 

(b) of leave of absence with pay under subsection 205(2) of the Act; 

(c) that is normally a working week in respect of which the employee is not entitled to regular wages; 

(d) of leave for victims of family violence with pay; or 

(e) of medical leave of absence with pay. 

(9) The standard hours of work and the maximum hours of work calculated in accordance with subsection (6) shall be reduced by 40 hours for every period of seven consecutive days, in the averaging period, during which an employee is not entitled to regular wages. 

(10) Where an employee whose hours of work are averaged pursuant to subsection (1) terminates the employee’s employment during the averaging period, the employer shall pay the employee’s regular rate of wages for the actual hours worked during the completed part of the averaging period. 

(11) If, during the averaging period, an employer lays off or terminates the employment of an employee whose hours of work are averaged under subsection (1), the employer shall pay the employee at the overtime rate of wages established under paragraph 174(1)(a) of the Act for any hours worked, but not previously paid, in excess of 40 times the number of weeks in the completed part of the averaging period. 

(12) An employer who has adopted an averaging period under subsection (1) shall not alter the number of weeks in the averaging period or cease to calculate the average hours of work of employees unless the employer has, at least 30 days before making either change, 

(a) posted a notice of the change; and 

(b) provided a copy of the notice to the Head of Compliance and Enforcement and every trade union representing any affected employees who are subject to a collective agreement. 

(13) If, before the end of an averaging period, an employer alters the number of weeks in the averaging period applicable to employees or ceases to calculate the average hours of work of employees, the employer shall, for each hour worked in excess of 40 times the number of weeks in the completed part of the averaging period, 

(a) pay those employees at the overtime rate referred to in paragraph 174(1)(a) of the Act; or 

(b) subject to subsection 174(2) of the Act, grant those employees time off in accordance with paragraph 174(1)(b) of the Act. Section 6(1) to (13). 

For more information: 

  • Modified Work Schedule. Section 4. 
  • Previous Version. Section 5. 
  • Annual Vacations. Section 12. 
  • Previous Version. Section 14. 
  • Lay-offs that Are Not Termination for the Purposes of Severance Pay, Group or Individual Termination of Employment. Section 30(1). 

Further details on the Canada Labour Standards Regulations can be found at justice.gc.ca. 

ALBERTA

The Employment Standards Code (Sections 3, 4, 7, 8, 8.1, 12, 16, 21, 22, 34, 45, 55, 56) outlines essential requirements for employment contracts in Alberta. Contracts must comply with legal standards for wages, work hours, overtime, vacations, leaves, and termination while ensuring no agreement undermines these rights. Employers must provide minimum wage, timely payments, and lawful deductions, and work arrangements must follow overtime and rest period regulations. Contracts must also address maternity leave, vacation entitlements, and termination notice periods.  

Part 1 - Application and Operation of this Act 

Civil Remedies and Greater Benefits 

(1) Nothing in this Act affects: 

(a) any civil remedy of an employee or an employer; 

(b) an agreement, a right at common law or a custom that: 

(i) provides to an employee earnings, leaves of the types described in Divisions 7 to 7.6 or other benefits that are at least equal to those under this Act, or 

(ii) imposes on an employer an obligation or duty greater than that under this Act.  

(2) If under an agreement an employee is to receive greater earnings or leaves of the types described in Divisions 7 to 7.6 than those for which this Act provides, the employer must give those greater benefits. Section 3(1)(2). 

Minimum Standards Cannot be Avoided 

An agreement that this Act or a provision of it does not apply, or that the remedies provided by it are not to be available for an employee, is against public policy and void. Section 4.  

Division 1 - Paying Earnings 

Pay Periods 

(1) Every employer must establish one or more pay periods for the calculation of wages and overtime pay due to an employee. 

(2) A pay period must not be longer than one work month. Section 7(1)(2). 

Payment of Wages, Overtime Pay, and General Holiday Pay 

(1) Wages, overtime pay and general holiday pay earned in a pay period must be paid by an employer not later than 10 consecutive days after the end of each pay period. 

(2) When an employee’s employment terminates, the employer must pay the employee’s earnings within whichever of the following periods the employer chooses: 

(a) 10 consecutive days after the end of the pay period in which the termination of employment occurs; 

(b) 31 consecutive days after the last day of employment. Section 8(1)(2). 

Payment of Minimum Wage 

An employer must pay an employee at a wage rate that is at least the minimum wage established by regulation. Section 8.1.  

Deductions from Earnings 

(1) An employer must not deduct, set off against or claim from the earnings of an employee any sum of money unless allowed to do so by subsection (2). 

(2) An employer may deduct from the earnings of an employee a sum of money that is: 

(a) permitted or required to be deducted by an Act or regulation, including a regulation under this Act, or a judgment or order of a court, 

(a.1) a recovery of an overpayment of earnings paid to the employee resulting from a payroll calculation error, 

(a.2) a recovery of vacation pay paid to the employee in advance of the employee being entitled to it, 

(b) authorized to be deducted by a collective agreement that is binding on the employee, or 

(c) personally authorized in writing by the employee to be deducted. 

(2.1) An employer must not deduct from the earnings of an employee a sum of money referred to in subsection (2)(a.1) more than 6 months after the overpayment was paid to the employee. 

(3) Despite an authorization in a collective agreement or a written authorization by an employee, an employer must not deduct from earnings a sum for: 

(a) faulty work, as defined in the regulations, of the employee or damage caused by the employee, 

(b) cash shortages or loss of property if an individual other than the employee had access to the cash or property, 

(c) cash shortages resulting from a failure to collect all or any part of the purchase price from a purchaser, or 

(d) any other circumstance specified by the regulations. 

(4) An employer must give an employee written notice of a deduction from earnings under subsection (2)(a.1) or (a.2) before making the deduction. Section 12(1) to (4). 

Division 3 - Hours of Work 

Hours of Work Confined 

(1) An employer must confine an employee’s hours of work within a period of 12 consecutive hours in any one workday unless an accident occurs, urgent work is necessary to a plant or machinery, or other unforeseeable or unpreventable circumstances occur. 

(2) If hours of work have to be extended, they are to be increased only to the extent necessary to avoid serious interference with the ordinary working of a business, undertaking or other activity. 

(3) This section does not apply if different hours of work confinement provisions are agreed to under a collective agreement. Section 16(1) to (3). 

Division 4 - Overtime and Overtime Pay 

Overtime Hours 

Overtime hours in respect of a work week are: 

(a) the total of an employee’s hours of work in excess of 8 on each work day in the work week, or 

(b) an employee’s hours of work in excess of 44 hours in the work week, whichever is greater, and, if the hours in clauses (a) and (b) are the same, the overtime hours are those common hours. Section 21.  

Overtime Pay 

(1) An employer must pay an employee overtime pay for overtime hours at an overtime rate that is at least 1.5 times the employee’s wage rate. 

(2) Subsection (1) does not apply to an employer or employee who has entered into an overtime agreement. Section 22(1)(2). 

For more information: 

  • Division 6 - Vacations and Vacation Pay. Section 34(1)(2) 
  • Division 7 - Maternity Leave and Parental Leave. Section 45 
  • Division 8 - Termination of Employment. 

Options for employer to terminate employment. Section 55(1)(2) 

Employer’s termination notice. Section 56 

Further details on the Employment Standards Code can be found at canlii.org. 

BRITISH COLUMBIA

In British Columbia, the Employment Standards Act (Sections 8 to 17, 20, 21, 27, 28, 32 to 36, 44, 45, 57, 58, and 63 to 65) establishes employment contract requirements in British Columbia. Employers must ensure fair hiring practices, provide written contracts for domestic workers, and comply with wage laws, working conditions, and termination regulations. The Act prohibits false representations, unauthorized deductions, and unlicensed employment agencies, ensuring transparency in work hours, overtime, statutory holidays, and vacation entitlements. 

Part 2 — Hiring Employees 

No False Representations 

An employer must not induce, influence or persuade a person to become an employee, or to work or to be available for work, by misrepresenting any of the following: 

(a) the availability of a position; 

(b) the type of work; 

(c) the wages; 

(d) the conditions of employment. Section 8.  

Hiring Children — Under 16 Years of Age 

(1) In this section, "light work" means prescribed work or a prescribed occupation that the Lieutenant Governor in Council considers is unlikely to be harmful to the health or development of a child who is 14 or 15 years of age. 

(2) A person must not employ a child: 

(a) who is under 14 years of age without the director's permission, or 

(b) who is 14 or 15 years of age: 

(i) to perform light work without the written consent of the child's parent or guardian, or 

(ii) to perform any other work without the director's permission. 

(3) In permitting the employment of a child under subsection (2) (a) or (b) (ii), the director may set conditions of employment for the child. 

(4) An employer must comply with the conditions of employment set by the director under subsection (3). Section 9(1) to (4). 

Hiring Children — Hazardous Industry or Hazardous Work 

(1) In this section: 

"hazardous industry" means a prescribed industry that the Lieutenant Governor in Council considers is likely to be harmful to the health, safety or morals of a person under 16 years of age; 

"hazardous work" means prescribed work that the Lieutenant Governor in Council considers is likely to be harmful to the health, safety or morals of a person under 16 years of age. 

(2) A person must not employ a child: 

(a) who is under 16 years of age in a hazardous industry or in hazardous work, or 

(b) who is at least 16 years of age but under 19 years of age in a hazardous industry or in hazardous work unless the child has attained the prescribed age in respect of the hazardous industry or hazardous work. Section 9.1(1)(2). 

No Charge for Hiring or Providing Information 

(1) A person must not request, charge or receive, directly or indirectly, from a person seeking employment a payment for: 

(a) employing or obtaining employment for the person seeking employment, or 

(b) providing information about employers seeking employees. 

(2) A person does not contravene this section by requesting, charging or receiving payment for any form of advertisement from the person who placed the advertisement. 

(3) A payment received by a person in contravention of this section is deemed to be wages owing and this Act applies to the recovery of the payment. Section 10(1) to (3). 

No Fees to Other Persons 

(1) An employment agency must not make a payment, directly or indirectly, to a person for obtaining or assisting in obtaining employment for someone else. 

(2) A farm labour contractor must not make a payment, directly or indirectly, to a person for whom the farm labour contractor's employee’s work. 

(3) A person does not contravene this section by paying for any form of advertisement placed by that person. Section 11(1) to (3). 

Employment and Talent Agencies Must be Licensed 

(1) A person must not operate an employment agency or a talent agency unless the person is licensed under this Act. 

(2) Subsection (1) does not apply to a person operating an employment agency for the sole purpose of hiring employees exclusively for one employer. Section 12(1)(2). 

Farm Labour Contractors Must be Licensed 

(1) A person must not act as a farm labour contractor unless the person is licensed under this Act. 

(2) A producer must not engage the services of a farm labour contractor unless the farm labour contractor is licensed under this Act. 

(3) If a producer engages the services of an unlicensed farm labour contractor, the producer is deemed for the purposes of this Act to be the employer of each employee of the unlicensed farm labour contractor who performs work on behalf of the producer. Section 13(1) to (3). 

Written Employment Contract Required for Domestic Workers 

(1) On employing a domestic worker, the employer must provide the domestic worker with a copy of the employment contract. 

(2) The copy of the employment contract provided to the domestic worker must clearly state the conditions of employment, including: 

(a) the duties the domestic worker is to perform, 

(b) the hours of work, 

(c) the wages, and 

(d) the charges for room and board, if applicable. 

(3) If an employer requires a domestic worker to work during any pay period any hours other than those stated in the employment contract, the employer must add those hours to the hours worked during that pay period under the employment contract. Section 14(1) to (3). 

Register of Employees Working in Residences 

An employer must provide to the director, in accordance with the regulations, any information required for establishing and maintaining a register of employees working in private residences. Section 15.  

For more information: 

  • Part 3 — Wages, Special Clothing, Records and Gratuities Sections 16, 17, 20, 21, 27, and 28. 
  • Part 4 — Hours of Work and Overtime Sections 32 to 36. 
  • Part 5 — Statutory Holidays Sections 44 and 45. 
  • Part 7 — Annual Vacation Sections 57 and 58. 
  • Part 8 — Termination of Employment - Liability resulting from length of service Sections 63, 64, and 65. 

Further details on the Employment Standards Act can be found at gov.bc.ca. 

MANITOBA

The Employment Standards Code of Manitoba (Sections 3, 5, 5.1, 7, 7.1, 17, 34, 35, 52, 53, 61, 62, 62.1) establishes employment contract standards in Manitoba, ensuring that agreements uphold or exceed minimum wage, overtime, vacation, and termination protections. It mandates continuity of employment in business transfers, defines the relationship between temporary agencies and workers, and regulates termination procedures, including notice requirements. Employers must honor greater contractual wages, while agreements offering less than Code requirements are void. 

Civil Remedies and Greater Wages not Affected 

(1) Nothing in this Code affects: 

(a) a civil remedy of an employee or an employer; or 

(b) an enactment, agreement, right at common law or custom that: 

(i) provides to an employee wages that are equal to or greater than those provided under this Code, or 

(ii) imposes on an employer an obligation or duty that is greater than is imposed under this Code. 

Agreement Providing for Greater Wages 

(2) If under an agreement an employee is to receive greater wages than are provided for under this Code, the employer must give the greater wages. 

Code Prevails over Lesser Wages 

(3) This Code prevails over any enactment, agreement, right at common law or custom that: 

(a) provides to an employee wages that are less than those provided under this Code; or 

(b) imposes on an employer an obligation or duty that is less than an obligation or duty imposed under this Code. Section 3(1) to (3). 

Part 2 - Minimum Standards 

Division 1 - Minimum Wage 

Determination of Minimum Wage 

(1) On October 1 of every year starting in 2017, the minimum wage that applied to employees immediately before October 1 is to be adjusted in accordance with the following formula: 

adjusted wage = previous wage × (CPI 1/CPI 2) 

In this formula, 

"adjusted wage" is the new minimum wage; 

"previous wage" is the minimum wage without rounding that applied immediately before October 1 of the year; 

"CPI 1" is the Consumer Price Index for the previous calendar year; and 

"CPI 2" is the Consumer Price Index for the calendar year immediately preceding the calendar year mentioned in the description of "CPI 1". 

Rounding 

(2) A minimum wage determined under subsection (1) must be rounded up to the nearest $0.05 increment. But a minimum wage as rounded up must not be used as the previous wage for the purpose of determining the adjusted wage under that subsection. 

No Decrease 

(3) If the adjustment otherwise required by this section would result in a decrease in the minimum wage, no adjustment shall be made. 

Publication of Minimum Wage 

(4) Before April 1 of every year beginning in 2018, the minister must publish on a government website the minimum wage that is to apply under this section starting on October 1 of that year. 

Exception re: Prescribed Class of Employees 

(5) This section does not apply to a prescribed class of employees for whom a minimum wage is prescribed by regulation under clause 144(1)⁠(d). 

Definition of CPI 

(6) In this section, "Consumer Price Index" means the Consumer Price Index for Manitoba (All-items) published by Statistics Canada under the Statistics Act (Canada).  

Minimum Wage — Additional Amount 

(1) The minister may recommend to the Lieutenant Governor in Council that a regulation be made to increase the minimum wage by the prescribed additional amount if the minister is satisfied that the change in the inflation rate in Manitoba exceeds 5% as determined in accordance with the following formula: 

inflation rate change = CPI A/CPI B 

In this formula, 

"CPI A" is the Consumer Price Index for the first quarter of the current calendar year; 

"CPI B" is the Consumer Price Index for the first quarter of the previous calendar year. 

Definition of "Consumer Price Index for the First Quarter" 

(2) In this section, "Consumer Price Index for the first quarter" means the average of the monthly Consumer Price Index for Manitoba (All-items) for the first three months of a calendar year, as published by Statistics Canada under the Statistics Act (Canada). 

Regulation — Additional Amount 

(3) On recommendation of the minister under subsection (1), the Lieutenant Governor in Council may make a regulation increasing the minimum wage by a prescribed additional amount in accordance with this section. 

Regulation Must be Made in Advance 

(4) The regulation must be made at least 30 days before the regulation comes into force. 

Effective Date of Regulation 

(5) The regulation may come into force only on the date set out in the regulation. That date must be in the period beginning on or after October 1 and ending on or before December 31 of the year in which the minister makes the recommendation. 

Consultation Requirement Applies 

(6) Subsection 144(4) (consultations re proposed regulation) applies to a proposed regulation under this section. 

Publication of Total Amount 

(7) An additional amount prescribed under this section is not required to be published under subsection 7(4), but the minister must publish the total amount of the minimum wage, as calculated under clause 6(2)⁠(a), on a government website as soon as practicable after a regulation under this section is made. Sections 7(1) to 7.1(7). 

For more information: 

  • Continuity of employment. Section 5. 
  • Interpretation: employment relationship between temporary help agency and temporary help employee. Section 5.1(1). 
  • Employment Relationship Continues. Section 5.1(2). 
  • Division 3 – Overtime. Section 17. 
  • Division 5 - Annual Vacations and Vacation Allowances. Section 34, 35. 
  • Division 9 - Leaves Of Absence, Maternity Leave. Section 52, 53. 
  • Subdivision 1 - Termination Of the Employment of An Individual. Section 61 to 61.1(2). 

Further details on The Employment Standards Code can be found at canlii.org. 

NEW BRUNSWICK

The Employment Standards Act of New Brunswick (Sections 14 to 16.1, 18, 22, 24, 30, 31, 35 to 37, 42, 43, 44.02) establishes employment contract requirements, ensuring fair wage payment, hours of work, vacations, public holidays, maternity leave, child care leave, and termination procedures. Employers must adhere to prompt wage payment, overtime pay, minimum reporting wages, and proper termination notice. Protections also extend to pregnant employees, parental leave, and vacation entitlements.  

Hours Of Work 

No Limitation on Numbers of Hours of Work 

Subject to sections 17, 39 and 41 and to any other Act, there is no limit on the number of hours an employee may work during any daily, weekly or monthly period. Section 14.  

Maximum Number of Hours of Work at Minimum Wage Rate 

(1) The Lieutenant-Governor in Council may by regulation prescribe the maximum number of hours an employer may require an employee to work during a daily, weekly or monthly period at the minimum wage rate, and may prescribe the employees or categories of employees in any industry, business, trade or occupation to which the prescribed maximum number of hours will apply. 

(2) A regulation made under this section shall be posted in like manner as a regulation made under section 9. Section 15(1)(2). 

Overtime Rate of Pay 

Where a regulation is in effect under subsection 15(1), an employee who works for an employer in excess of the prescribed maximum hours of work shall be paid by the employer at a rate of not less than one and one-half times the minimum wage rate. Section 16.  

Minimum Reporting Wage 

(1) An employer shall pay a non-bargaining employee for not less than three hours of work at the minimum wage rate or for the hours the employee works at the employee’s regular wage rate, whichever is greater, if the employee: 

(a) reports for work as required by the employer, 

(b) has a regular wage rate of less than twice the minimum wage rate, and 

(c) is regularly employed for more than three consecutive hours in a shift. 

(2) If an employee to whom subsection (1) applies has already worked the maximum hours of work prescribed under paragraph 9(1)(c), the employer shall pay the employee for not less than three hours of work at one and one-half times the minimum wage rate or for the hours the employee works at the employee’s regular wage rate, whichever is greater. 

(3) An employee shall be deemed to have worked any hours for which the employee is paid under subsection (1) or (2). Section 16.1 (1) to (3). 

Public Holidays 

(1) This section does not apply to an employee who: 

(a) has been in the employ of their present employer for fewer than ninety days during the previous twelve calendar months immediately preceding a public holiday; 

(b) Repealed: 1988, c.59, s.3 

(c) without reasonable cause fails to work their scheduled regular day of work preceding or following a public holiday; 

(d) has agreed to work on a public holiday and, without reasonable cause, fails to report for and perform the work; 

(e) is employed under an arrangement whereby the employee elects to work when requested to do so. 

(2) Subject to subsections (3), (4) and (5), an employer shall give to an employee a holiday on each public holiday and pay to the employee their regular wages for each public holiday. 

(3) Where a public holiday falls on a working day for an employee, an employer may with the agreement of the employee or their agent substitute another working day for the public holiday, which day shall not be later than the next vacation of the employee, and the day so substituted shall be deemed to be the public holiday. 

(4) Where a public holiday falls on a non-working day for an employee or in the employee’s vacation an employer shall: 

(a) with the agreement of the employee or their agent pay the employee their regular wages for the public holiday; or 

(b) designate a working day that is not later than the next vacation of the employee, and the day so designated shall be deemed to be the public holiday. 

(5) Notwithstanding subsection (3), where an employee is employed in a hotel, motel, tourist resort, restaurant, tavern or any continuous operation, and the employee is required because of the nature of the operation to work, and works on a public holiday, the employer shall: 

(a) pay the employee in accordance with subsection 19(1); or 

(b) pay the employee for each hour worked on a public holiday an amount not less than their regular wages and give to the employee a holiday on the employee’s first working day immediately following their next vacation or on a working day agreed upon and pay the employee their regular wages for that day. 

(6) For the purposes of subsection (5) “continuous operation” means that part of an establishment, industry or service in which in each seven-day period operations once commenced normally continue day and night without cessation until the completion of the regularly scheduled operations for that period. Section 18(1) to (6). 

Vacation and Public Holiday Benefits 

(1) An employee is not entitled to a vacation with pay or a public holiday with pay under this Act if under a collective agreement or contract of employment the employee receives vacation and holiday benefits which together equal or exceed the combined vacation and public holiday benefits provided under this Act. 

(2) For the purpose of subsection (1) a payment of 4% of wages is equivalent to the public holiday benefits as prescribed by this Act. 

(3) Notwithstanding subsection (1), an employer shall pay to an employee who works on a public holiday for time worked not less than one and one-half times the employee’s regular rate of wages in accordance with subsection 19(1). Section 22(1) to (3). 

For more information: 

  • Vacations. Section 24. 
  • Prompt Payment of Wages. Section 35. 
  • Maternity. Section 42, 43. 
  • Child Care. Section 44.02 to 44.02(13). 
  • Notice of Termination or Lay Off. Section 30. 
  • Termination or Lay Off Without Notice. Section 31. 

Further details on the Employment Standards Act can be found at canlii.org. 

NEWFOUNDLAND & LABRADOR

The Labour Standards Act in Newfoundland and Labrador (Sections 2, 2.1, 2.2 to 6, 8 to 12, 21.1, 22 to 25.1, 26, 31, 50, 58) outlines key requirements for employment contracts, ensuring fair wages, working hours, rest periods, overtime pay, vacation entitlements, and termination procedures. Employers must provide a written employment statement, follow minimum wage regulations, and comply with vacation and termination rules. Contracts cannot reduce employee rights but may offer greater benefits.  

Employment Statement 

(1) An employer shall provide every employee with a statement in writing of the terms and conditions of employment. 

(2) An employer shall retain a copy of the statement referred to in subsection (1) and the employee shall be permitted to have access to it.  

Copy of Act 

An employer shall display a copy of this Act and the regulations made under it in a prominent and visible place on the employer’s premises. Section 2.1 to 2.2. 

Conditions 

A term or condition in a contract of service that confers upon an employee conditions less favourable than the rights, benefits or privileges conferred upon the employee under this Act is void and of no effect. Section 3. 

Preferential Conditions 

Nothing in this Act prevents a contract of service from conferring upon an employee terms or conditions more favourable to the employee than the rights, benefits and privileges conferred upon the employee under this Act. Section 4. 

Statutory Deductions 

All wages paid to an employee by an employer under this Act or by a regulation or order made under this Act are subject to all deductions that are required to be made from those wages under a statute of the province or of the Parliament of Canada. Section 5. 

Continuation of Employment 

Where an employer transfers, assigns or conveys the undertaking of that employer to another person or firm, and that person or firm continues the undertaking so transferred, assigned or conveyed, the continued and uninterrupted employment of the employee by the person having so acquired the undertaking shall be considered to be continuous with the period of employment with the 1st named employer, and counts as against the new employer for the regulation of the rights, benefits and privileges of the employee under this Act. Section 6. 

Part I - Vacations with Pay 

Annual Vacation with Pay 

(1) Where: 

(a) an employee works for an employer at least 90% of the normal working hours in a continuous 12 month period, beginning on the date of the start of employment or upon termination of a preceding 12 month period; and 

(b) the employment by that employee does not stop before the end of that 12 month period, the employer shall permit the employee, within 10 months after the end of the continuous 12 month period, to take an annual vacation of not less than 2 weeks, and shall pay to the employee at the time provided in section 10 wages amounting to 4% of the total wages earned by that employee during the 12 month period. 

(1.1) Notwithstanding subsection (1), where an employee meets the requirements of subsection (1) and has completed 15 years of continuous employment with the same employer, the employer shall permit the employee within 10 months after the end of the 15 year period to take an annual vacation of not less than 3 weeks and shall pay to the employee at the time provided in section 10 wages amounting to 6% of the total wages earned by that employee during the 12 month period. 

(2) Where a public holiday occurs during the period of an annual vacation, the period of the annual vacation shall be lengthened by 1 working day for each public holiday. 

(2.1) The employer shall, unless the employer and employee agree upon shorter periods, permit the employee to take the annual vacation: 

(a) in one unbroken period of 2 weeks; or 

(b) in 2 unbroken periods of one week each, if the employee, not later than the date on which the employee becomes entitled to the annual vacation, gives the employer written notice of the intention to take the vacation by either of the methods specified in paragraphs (a) and (b). 

(3) The employer shall, unless the employer and employee agree upon shorter periods, permit the employee to take the annual vacation: 

(a) in one unbroken period of 3 weeks; 

(b) in 2 unbroken periods of 2 weeks and one week respectively; or 

(c) in 3 unbroken periods of one week each, if the employee, not later than the date on which the employee becomes entitled to the annual vacation, gives the employer written notice of the intention to take the vacation by either of the methods specified in paragraph (a), (b), or (c). 

(4) Unless the employer and employee otherwise agree in writing, the employer shall give to the employee not less than 2 weeks written notice of the dates of the annual vacation, and upon the notice being given, the employee shall take the annual vacation during the period specified in the notice. 

(5) Where an employer cancels, or changes the dates of the employee's annual vacation after having given the notice to the employee required by subsection (4), the employer shall reimburse the employee for reasonable expenses incurred by the employee with respect to the cancelled or changed vacation that are not otherwise recoverable by the employee. Section 8(1) to (5). 

Vacation Pay 

(1) Where subsection 8(1) or (1.1) does not apply, the employee is not entitled as of right to an annual vacation, but the employer shall pay to the employee, on or before the times specified in subsection (2), 

(a) to an employee who has completed 15 years of continuous employment with the same employer, 6%; or 

(b) to an employee who has completed less than 15 years of continuous employment with the same employer, 4% of the total wages earned by the employee for the hours worked by the employee within the continuous 12-month period, or until the cessation of employment of the employee within the 12-month period. 

(2) The sums required to be paid by the employer under subsection (1) shall be paid within 1 week after the termination of the continuous 12 month period, or the date of cessation of employment. 

(3) Payment is not required to be made by an employer under this section unless the employee has been employed by the employer for 5 consecutive workdays or more. 

(4) The pay record given by an employer to an employee shall include the amount of vacation pay that has been paid during the pay period beginning on the day after the last pay day and ending in the current pay day. Section 9(1) to (4). 

Time of Payment 

An employer shall, at least 1 day before the annual vacation, or a part of it, of an employee begins, pay to the employee the vacation pay, or a part of it, to which the employee is entitled for the period of vacation taken or given. Section 10. 

Excess Vacation 

Where an employee is permitted by the employer to take a period of vacation in excess of the annual vacation required to be given by this Part, that excess vacation does not negate in whole or in part a future annual vacation or vacation pay to which the employee may be entitled under this Part. Section 11. 

Where Notice of Termination Given 

(1) Where an employer or employee gives notice of termination of the contract of service, the employer shall not, unless the parties otherwise agree, require the employee to take, nor shall the employee take, a part of an annual vacation to which the employee is entitled during the period that the employee is required by the contract of service to continue in the service of the employer after the giving of the notice of termination.  

(2) The employer shall, upon termination of the contract of service, pay to the employee the vacation pay to which the employee is entitled in addition to the wages properly earned by the employee for the period following the notice of termination. Section 12(1)(2). 

For more information: 

  • Definitions. Section 2. 
  • Part III - Hours of Work. Section 22.1 to 26. 
  • Part IV - Minimum Wage. Section 31. 
  • Part X - Notice Of Termination. Section 50. 

Further details on the Labour Standards Act can be found at canlii.org. 

NOVA SCOTIA

The Labour Standards Code in Nova Scotia, Sections 50, 61-66B, 67, 71-73, and 79-80 establishes key employment contract regulations, ensuring minimum wages, work hours, rest periods, overtime, vacation entitlements, termination procedures, and pay protections. Employers must provide fair wages, rest periods, and timely payment, while employees are entitled to termination notice and protections against unfair deductions.  

Minimum Wages 

Minimum Wage Order 

(1) The Governor in Council may: 

(a) fix a minimum wage for employees in different employments or in different classes or descriptions of an employment at the rate and in the manner that the Governor in Council considers advisable; 

(b) direct that no employer, who employs employees for whom minimum wages are so fixed, shall employ an employee at a rate of wages less than the minimum wages so fixed. Section 50.  

Hours of Labour 

Powers Respecting Hours of Labour 

(1) The Governor in Council may determine all or any of the following: 

(a) the number of hours per day or per week during which a person employed in industrial undertakings may work; 

(b) the kinds of industrial undertakings to which this Section applies; 

(c) the categories of employees employed in an industrial undertaking to whom this Section applies; 

(d) the districts of the Province to which this Section applies; 

(e) the length of time during which this Section applies. 

(2) This Section does not apply to persons holding positions of supervision or management, nor to persons employed in a confidential capacity. 

(3) Notwithstanding subsection (1), the limit of hours of work determined by the Governor in Council may be exceeded in those processes which are required by reason of the nature of the processes to be carried on continuously by a succession of shifts. Sections 61(1) to (3). 

Variation of Hours in Certain Cases 

Where by law, custom, or agreement between employers’ and workers’ organizations, or, where no such organizations exist, between employers’ and workers’ representatives, the hours of work on one or more days of the week are less than the period determined by the Governor in Council, the period so determined may be exceeded on the remaining days of the week by agreement between such organizations or representatives. Section 62.  

Excess Hours in Special Cases 

The limit of hours of work determined by the Governor in Council may be exceeded in case of accident, actual or threatened, or in case of urgent work to be done to machinery or plant, or in case of vis major, but only so far as may be necessary to avoid serious interference with the ordinary working of the undertaking. Section 63.  

Exception 

The limit of hours of work determined by the Governor in Council may be exceeded in those processes which are required, by reason of the nature of the process, to be carried on continuously by a succession of shifts. Section 64.  

Where Hours of Labour Restricted 

An employer engaged in an industry to which Section 61 is declared to apply shall: 

(a) notify by means of notices posted conspicuously in the establishment, or any other convenient place, or in any other manner determined by or under the authority of the Governor in Council, the hours at which work begins and ends, and, where work is carried on by shifts, the hours at which each shift begins and ends, and no change shall be made in these hours except upon such notice and in such manner as may be approved by or under the authority of the Governor in Council; and 

(b) notify in the same way the rest intervals accorded during the period of work that are not reckoned as part of the working hours. Section 65.  

Period of Rest 

(1) An employer in any industrial undertaking, except as otherwise provided herein, shall: 

(a) grant each of his employees a period of rest comprising at least twenty-four consecutive hours in every period of seven days; and 

(b) whenever possible grant the period of rest simultaneously to all employees in any establishment and grant the day of rest on Sunday. 

(2) An employer, other than in an industrial undertaking, except as otherwise provided herein, shall grant each of the employees a period of rest comprising at least twenty-four consecutive hours in every period of seven days. 

(3) Notwithstanding subsection (1) or (2), an employer may require more than six consecutive days of work: 

(a) in case of an accident; 

(b) in the case of work required to be done to the machinery or establishment of the employer whose employees are affected; 

(c) in the case of an occurrence beyond human control, but only to the extent necessary to avoid serious interference with the ordinary working of the employer’s undertaking. 

(4) Notwithstanding subsection (1) or (2), an employer may require more than six consecutive days of work in accordance with an order of the Director, where, upon application of the employer, the Director by such order approves, with or without conditions, the substitution of an alternative arrangement for a period of rest. Section 66(1) to (4). 

Working in Retail Business on Uniform Closing Day 

(1) Notwithstanding any contract of employment or agreement made before or after the coming into force of this subsection, no employee is required, and no employer shall require an employee, to work or to sign a contract of employment or agreement that requires the employee to work in a retail business on a uniform closing day unless the retail business is of a class of retail business exempted from the application of this Section. 

(2) Where an employee to whom subsection (1) applies has agreed to work on uniform closing days, the employee may refuse to work on uniform closing days or on a particular uniform closing day if the employee gives the employer at least seven days’ notice to that effect before the employee is scheduled to begin such work or, where the employee receives less than seven days’ notice of being scheduled for such work, the employee gives the employer notice to that effect within two days of receiving the notice from the employer. Section 66A(1)(2). 

For more information: 

  • Rest or eating break. Section 66B (1) to (7). 
  • Complaint to Director or Board. Section 67. 
  • Dismissal or suspension without just cause. Section 71. 
  • Termination of employment by employer. Section 72. 
  • Protection of Pay. Section 79 and 80. 

Further details on the Labour Standards Code can be found at nslegislature.ca. 

NORTHWEST TERRITORIES

The Employment Standards Act, Sections 2 to 5, 6, 7, 12, 13 to 20,  24, 25, 37 to 39 sets minimum employment contract standards in the Northwest Territories, covering wages, working hours, vacation, termination, and pay protections. Employers must pay at least the minimum wage, provide proper notice for termination, and ensure vacation entitlements. 

Application  

Government Bound by Act 

This Act binds the Government of the Northwest Territories. Section 2. 

Scope of Act  

(1) Subject to this section and any exemptions made by regulation, this Act applies to all employers and employees in the Northwest Territories. 

Public Service Exemptions 

(2) This Act does not apply to any employee as defined in the Public Service Act.  

Exception  

(3) Sections 7 to 9 do not apply to an employee who is employed primarily in a managerial capacity. 

Exception Determination of Status 

(4) Subject to the regulations, the Employment Standards Officer may, on application or on his or her own initiative, determine whether a person or class of persons is, for the purposes of this Act, subject to one or more provisions of this Act. Section 3(1) to (4). 

Minimum Standards 

(1) The provisions of this Act are to be considered minimum standards and do not restrict: 

(a) any benefit provided or available to an employee that is equal to or better than those provided under this Act; or 

(b) any obligation or duty owed by an employer to an employee that is equal to or better than those imposed under this Act. 

Duty of Employer 

(2) An employer shall: 

(a) provide or make available to the employee any benefit referred to in paragraph(1)(a); and 

(b) perform any obligation or duty referred to in paragraph (1)(b). 

Interpretation  

(3) For greater certainty, a benefit, obligation or duty includes a civil remedy, a right at common law, a right under an agreement, and a custom. Section 4(1) to (3). 

Continuity of Employment 

For the purposes of this Act, the employment of an employee with a business, undertaking or other activity is deemed to be continuous and uninterrupted when the business, undertaking or other activity or part of it is sold, leased, transferred or merged, or if it continues to operate under a receiver or receiver-manager. Section 5. 

Part 2 - Pay and Wages 

Minimum Wage  

(1) Subject to this Part, an employer shall pay to each employee a wage equal to or greater than the prescribed minimum wage or the minimum wage fixed under subsection (2). 

Minimum on Basis Other than Time 

(2) If the wages of an employee, or a class of employees, are not computed and paid solely on the basis of time, the Employment Standards Officer may, by order, 

(a) establish how the prescribed minimum wage is to be adapted to the circumstances of the employee, or a class of employees; and 

(b) fix a minimum wage that, in the opinion of the Officer, is equivalent to the prescribed minimum wage. 

Details of Order 

(3) The order made under subsection (2): 

(a) may apply to one employer or a group of employers; and 

(b) may contain terms or conditions under which the order is granted. Section 6(1) to (3). 

Hours of Work  

Standard Hours of Work in a Day 

(1) The standard hours of work in a day for an employee are eight hours. 

Standard Hours of Work in a Week 

(2) The standard hours of work in a week for an employee are 40 hours. 

Overtime  

(3) Subject to section 8, an employer may require or allow an employee to work more than the standard hours of work. Section 7(1) to (3). 

Overtime Agreements 

(1) An employer and an employee, or the majority of a group of employees, may enter into an overtime agreement that the employer will provide, and the employee or group of employees will take, time off with pay, wholly or partly, instead of overtime pay. 

Nature of Agreement 

(2) An overtime agreement may be part of a collective agreement, or if there is no collective agreement, may be a separate written agreement. 

Contents  

(3) An overtime agreement is deemed to include at least the following provisions: 

(a) each hour of overtime entitles the employee to one and a half hours of time off with pay instead of overtime pay; 

(b) time off with pay will be provided and taken at the employee’s regular wage rate; 

(c) time off with pay will be provided and taken at a time when the employee could have worked and received wages from the employer; 

(d) if time off with pay is not provided or taken in accordance with paragraphs (a) to (c), the employer shall pay the employee overtime pay; 

(e) time off with pay will be provided and taken within three months after the end of the pay period in which it was earned, less: 

(i) the agreement is part of a collective agreement and the collective agreement provides for a longer period within which the time off with pay is to be provided and taken, or 

(ii) the Employment Standards Officer makes an order authorizing a longer period within which the time off with pay is to be provided and taken; 

(f) no amendment or termination of the overtime agreement is to be effective without at least one month’s written notice given by one party to the agreement to the other. 

Copy to Employees 

(4) An employer shall provide a copy of the overtime agreement to each employee affected by it. Section 12(1) to (3). 

Pay Periods  

Minimum Pay Period 

(1) An employer shall calculate an employee’s wages for a pay period not exceeding one month, unless a longer pay period is approved by the Employment Standards Officer. 

Payment of Wages 

(2) An employer shall, within 10 days after the pay period, pay to the employee all wages earned by the employee in that period. Section 13(1)(2). 

For more information: 

  • Assignment of wages. Section 14. 
  • Payment where employee’s whereabouts unknown. Section 15. 
  • Disposal of wages. Section 16. 
  • Deemed wages. Section 18. 
  • Pay statement. Section 19. 
  • Wages Held in Trust – Definitions. Section 20(1) to (6). 
  • Part 3 - Days of Work, Leave and Holidays. Sections 24 and 25. 
  • Part 4 - Termination and Layoffs. Sections 37 to 39. 

Further details on the Employment Standards Act can be found at gov.nt.ca. 

NUNAVUT

In Nunavut, employers are required to uphold human rights within employment contracts under the Human Rights Act, Sections 7, 8, 9(5), 10(3), and 12. While the Act does not regulate employment contracts directly, it prohibits discrimination in the terms and conditions of employment contracts based on grounds such as race, age, religion, or sex. Employers must ensure that contracts do not unfairly exclude or disadvantage individuals and must accommodate employee needs unless doing so would result in undue hardship. 

In Nunavut, employment contracts intersect with human rights protections through the Nunavut Human Rights Act (SNu 2003, c 12). While the Act does not regulate employment contracts directly (such as wages, hours, or termination clauses), it prohibits discrimination in the terms and conditions of employment, which includes how employment contracts are written, applied, or enforced. 

Prohibited Grounds of Discrimination 

(1) For the purposes of this Act, the prohibited grounds of discrimination are race, colour, ancestry, ethnic origin, citizenship, place of origin, creed, religion, age, disability, sex, sexual orientation, gender identity, gender expression, marital status, family status, pregnancy, lawful source of income and a conviction for which a pardon has been granted. 

Affirmative Action Programs 

(2) Nothing in this Act precludes any law, program or activity that has as its objective the amelioration of conditions of disadvantaged individuals or groups, including those who are disadvantaged because of any characteristic referred to in subsection (1), and that achieves or is likely to achieve that objective. 

Previously Approved Programs 

(3) Any program designed to promote the welfare of any class of individuals that was approved under section 9 of the Fair Practices Act, R.S.N.W.T. 1988, c.F-2, is deemed, for the purposes of subsection (1), to be a program that has as its objective the amelioration of conditions of disadvantaged individuals or groups and that achieves or is likely to achieve that objective. 

Pregnancy and Adoption 

(4) Whenever this Act protects an individual from discrimination on the basis of sex, the protection includes, without limitation, 

(a) the protection of a female from discrimination on the basis that she may become pregnant or may adopt a child; and 

(b) the protection of a male from discrimination on the basis that he may adopt a child. 

Multiple Grounds, Association 

(5) Whenever this Act protects an individual from discrimination on the basis of a prohibited ground of discrimination, it also protects the individual from discrimination on the basis of: 

(a) two or more prohibited grounds of discrimination or the effect of a combination of prohibited grounds; and 

(b) the individual's association or relationship, whether actual or perceived, with an individual or class of individuals identified by a prohibited ground of discrimination. 

Harassment 

(6) No person shall, on the basis of a prohibited ground of discrimination, harass any individual or class of individuals: 

(a) in the provision of goods, services, facilities, or contracts; 

(b) in the provision of commercial premises or residential accommodation; 

(c) in matters related to employment; or 

(d) in matters related to membership in an employees' organization, trade union, trade association, occupational or professional association or society, employers' organization or co-operative association or organization. Section 7(1) to (6). 

Intent 

Discrimination on the basis of one or more prohibited grounds is a contravention of this Act whether or not there is an intention to discriminate. Section 8. 

Duty to Accommodate 

(5) When a practice referred to in subsection (1) results in discrimination, in order for it to be considered to be based on a justified occupational requirement, it must be established that accommodation of the needs of an individual or class of individuals affected would impose undue hardship on a person who would have to accommodate those needs. Section 9(5). 

Duty to Accommodate 

(3) When a practice referred to in subsection (1) results in discrimination, in order for it to be considered to be based on a justified occupational requirement, it must be established that accommodation of the needs of an individual or class of individuals affected would impose undue hardship on a person who would have to accommodate those needs. Section 10(3). 

For more information: 

  • Goods, Services, Facilities or Contracts. Section 12(1) to (3). 

Further details on the Human Rights Act can be found at nunavutlegislation.ca. 

ONTARIO

The Employment Standards Act in Ontario (Sections 2-13.1, 17-32, 57-73) governs employment contracts by ensuring minimum wage, working hours, vacation entitlements, and termination notice. Employment standards act as minimum requirements, but contracts or collective agreements can provide greater benefits. Employers must pay wages on time, provide written records, and adhere to termination notice rules. 

Part I - General Application 

Application of Act 

(1) Sections 13 and 13.1 and Parts IX, X, XI, XII and XIV apply to the Crown, every agency thereof and any board, commission, authority or corporation that exercises any functions assigned or delegated to it by the Crown. 

(2) This Act applies to every contract of employment, oral or written, express or implied, 

(a) where the employment is for work or services to be performed in Ontario; or 

(b) where the employment is for work or services to be performed both in and out of Ontario and the work or services out of Ontario are a continuation of the work or services in Ontario.  

Procedure 

(3) The Statutory Powers Procedure Act does not apply to the exercise of any power conferred by section 5, 12, 16, 18 or 20, subsection 24 (3), section 29 or 31, subsection 32 (4), section 45, 48, 51 or 65 or subsection 67 (1) or (2) of this Act.  

Non-application of the Statutory Powers Procedure Act 

(4) The Statutory Powers Procedure Act does not apply to the exercise of any power conferred on the Program Administrator under Part XIV.1. 

(5) The Statutory Powers Procedure Act does not apply with respect to a determination by the Board as to whether or not to extend the time for making an application for a review under section 68. Section 2(1) to (5). 

Waiver to be Null and Void 

(1) Subject to section 4, no employer, employee, employers’ organization or employees’ organization shall contract out of or waive an employment standard, and any such contracting out or waiver is null and void.  

Exception 

(2) A person who receives a benefit under a compromise or settlement described in subsection 65.1 (1) or section 73.0.3 is bound by it if the person required to give the benefit under the compromise or settlement does so. 

(3) A compromise or settlement is not binding if it is entered into as a result of fraud or coercion. Section 3(1)(2). 

Employment Standard Deemed Minimum 

(1) An employment standard shall be deemed a minimum requirement only. 

Greater Benefit to Prevail 

(2) A right, benefit, term or condition of employment under a contract, oral or written, express or implied, or under any other Act or any schedule, order or regulation made thereunder that provides in favour of an employee a higher remuneration in money, a greater right or benefit or lesser hours of work than the requirement imposed by an employment standard shall prevail over an employment standard. Section 4(1)(2). 

Provisions of Collective Agreements 

(1) Where terms or conditions of employment in a collective agreement as defined in the Labour Relations Act confer a higher remuneration in money or a greater right or benefit for an employee respecting holidays than the provisions of Part VII, the terms or conditions of employment shall prevail. 

Terms and Conditions that are not in Collective Agreements 

(2) Where the Director finds that terms or conditions of employment in a contract of employment, oral or written, express or implied, that are not in a collective agreement confer a higher remuneration in money or a greater right or benefit for an employee respecting holidays than the provisions of Part VII, the terms or conditions of employment shall prevail. Section 5(1)(2). 

Civil Remedy not Suspended or Affected 

(1) No civil remedy of an employee against his or her employer is suspended or affected by this Act. 

Notice of Proceeding to be Given to Director 

(2) Where an employee initiates a civil proceeding against his or her employer under this Act, notice of the proceeding shall be served on the Director in the prescribed form on the same date the civil proceeding is set down for trial. Section 6(1)(2). 

Part IV - Hours of Work 

Maximum Working Hours 

Except as otherwise provided in this Part, and subject to any schedule in force under the Industrial Standards Act, the hours of work of an employee shall not exceed eight in the day and forty-eight in the week. Section 17. 

Variation of Working Day 

An employer may, with the approval of the Director, and upon such terms and conditions as the Director prescribes, adopt a regular day of work in excess of eight hours but not in excess of twelve hours, provided that the total hours of work of each employee shall not exceed forty-eight hours in a week. Section 18. 

Exceeding Maximum in Case of Accident 

In case of an accident or in case of work urgently required to be done to machinery or plant, the employer may require the limit of hours of work prescribed by section 17 or approved under section 18 to be exceeded but only so far as may be necessary to avoid serious interference with the ordinary working of the establishment. Section 19. 

Permits for Excess Hours 

(1) The Director may issue a permit authorizing hours of work in excess of those prescribed by section 17 or approved under section 18, but the excess hours of work shall not exceed, 

(a) in the case of an engineer, stoker, full-time maintenance worker, receiver, shipper, delivery truck driver or the driver’s helper, watchman or watchwoman or other person who, in the opinion of the Director, is engaged in a similar occupation, twelve hours in each week for each employee; and 

(b) in the case of all other employees, 100 hours in each year for each employee.  

(2) Where the Director is satisfied that the work or the perishable nature of raw material being processed requires hours of work in excess of those permitted under subsection (1), the Director may issue a permit therefore. 

Permit does not obligate employee: 

(3) The issuance of a permit under this section does not require an employee to work any hours in excess of those prescribed by section 17 or approved under section 18 without the consent or agreement of the employee or the employee’s agent to hours in excess of eight in the day or forty-eight in the week. 

Terms and Conditions of Permit 

(4) A permit issued under this section shall contain such terms, conditions and limitations as the Director prescribes. Section 20(1) to (4). 

Agreements Subject to Maximums 

Except as otherwise provided in this Part, no employer may require or permit any employee to work, and no employee may work or agree to work, any hours that exceed the maximum hours established under this Act. Section 21. 

Eating Periods 

Every employer shall provide eating periods of at least one-half hour, or such shorter period as is approved by the Director, at such intervals as will result in no employee working longer than five consecutive hours without an eating period. Section 22. 

For more information: 

  • Part II - General Provisions, Payment of wages. Sections 7 to 15. 
  • Part V - Minimum Wages. Section 23. 
  • Part VI - Overtime Pay. Section 24. 
  • Part VIII - Vacation with Pay. Sections 28, 30, 31. 
  • Part IX - Equal Pay for Equal Work. Section 32. 
  • Part XIV - Termination of Employment. Section 57(1) to (23). 

Further details on the Employment Standards Act can be found at canlii.org. 

PRINCE EDWARD ISLAND

In Prince Edward Island, employers must comply with the Employment Standards Act (Sections 2, 2.1, 5 to 5,2, 11, 15, 19, 29), ensuring proper wages, vacation pay, working hours, maternity leave, and termination notice. Employers must pay wages in lawful currency, by cheque, or direct deposit and provide vacation pay after 12 months of employment. The standard workweek is 48 hours, with exemptions requiring approval. Maternity leave is granted with proper medical documentation. Termination notice ranges from two to eight weeks, based on tenure, except in cases of just cause. Employers must post minimum wage orders and comply with employment regulations. 

Application 

(1) Except as otherwise expressly provided by this Act or the regulations, this Act and the regulations apply to all employers and employees. 

Exception, Farm Labourers and Salespersons 

(2) Notwithstanding subsection (1), only those provisions of this Act relating to the payment and protection of pay apply to the following employees: 

(a) salespersons whose income is derived primarily from commission on sales; and 

(b) farm labourers. 

Home Care Workers 

(3) Notwithstanding subsection (1), the provisions of sections 5 and 15 do not apply to: 

(a) persons employed for the sole purpose of protecting and caring for children, persons with disabilities or aged persons in private homes; and 

(b) employees of a non-profit organization who are required by the terms of their employment to live-in at a facility operated by the organization. 

Farm Labourers 

(5) For the purposes of subsection (2), “farm labourers” does not include employees in an undertaking that, in the opinion of the board, is a commercial undertaking. Section 2(1)(2)(3)(5). 

Application of Act Cannot be Waived 

(1) Subject to subsection (3), this Act applies notwithstanding any contract of service to the contrary between an employer and an employee. 

Provisions of Contract Void if Provide Less Favourable Conditions or Benefits 

(2) A provision of a contract of service that confers upon an employee conditions or benefits less favourable than the conditions or benefits conferred upon the employee under a provision of this Act or the regulations is void and of no effect. 

Provision of Contract Prevails if Provides more Favourable Conditions or Benefits 

(3) A provision of a contract of service that confers upon an employee conditions or benefits more favourable than the conditions or benefits conferred upon the employee under a provision of this Act or the regulations prevails over the provision of this Act or the regulations. Section 2.1(1) to (3). 

WAGES 

Powers of Board to Make Orders 

(1) The board, subject to the approval of the Lieutenant Governor in Council, shall by order: 

(a) fix one minimum wage for all employees; 

(b) fix the minimum wage upon an hourly, daily, weekly, monthly or other basis; 

(c) specify when and under what conditions deductions may be made from the wages of an employee, and what notification the employee should be given thereof prior to such deduction; 

(d) fix the maximum amount, if any, that may be deducted from the wages of an employee where the employer furnishes to the employee, board, lodging, uniforms, laundry or other services, and prescribe the notification required to be given to the employee prior to such deduction, and may exempt any employee or group of employees from the operation of any order made under clause (c) or (d). 

Review 

(2) The board shall meet at least once a year to review the Minimum Wage Order and, in conducting a review, shall solicit and consider written and in-person submissions from the public. 

Criteria, Report 

(3) In advising the Lieutenant Governor in Council, the board shall issue a report taking into account the social and economic effects of the minimum wage rates in the province and shall consider among other matters: 

(a) any cost of living increase since any previous order affecting the cost to an employee of purchasing the necessities of life, including housing, food, clothing, transportation and health care and supplies; 

(b) economic conditions within the province and the concept of reasonable return on private investment; and 

(c) measures of poverty and the ability of an employee to maintain a suitable standard of living, and shall make this report public on the publication of a Minimum Wage Order in the Royal Gazette. 

Posting Orders 

(4) An employer shall post and keep posted in a conspicuous place in the work establishment, a copy of all applicable minimum wage orders. 

Other Notices 

(5) Additional notice of any order made under this section shall be given by employers to employees in such manner as the board may direct. 

Publication 

(6) Every order of the board shall be published in the Gazette and shall name a date, at least fourteen days subsequent to the date of publication, on which it comes into force. 

Binding Effect of Orders 

(7) Every order of the board is binding upon the employer and employees effective from the date of its coming into force and no order is subject to variation through individual agreement except with the authorization of the board. Amendment, etc. 

(8) Upon the petition of any employer or employee or upon its own motion, the board may review, suspend, vary or rescind any order. Section 5(1) to (8). 

Collusion 

No employee, by collusion with the employer of the employee or otherwise, shall work for less than the minimum wage to which the employee is entitled under this Act, or directly or indirectly return to the employer any part of the employee’s wage by reason of which action the wages actually received and retained by the employee are reduced to an amount less than the minimum wage to which the employee is entitled. Section 5.1.  

For more information: 

  • Employees with a collective agreement. Section 2(4). 
  • Pay and Protection of Pay. Section 5.2(1) to 6. 
  • Vacation Pay. Section (11) to (3). 
  • Hours of Work. Section 15(1) to (3). 
  • Maternity, Parental, and Adoption Leave. Section 19(1)(2). 
  • Notice of Termination. Section 29. 

Further details on the Employment Standards Act can be found at princeedwardisland.ca. 

QUÉBEC

The Act Respecting Labour Standards in Québec (Sections 2, 40, 46, 49, 52 to 55, 66 to 76, 82 to 84, 87.1) ensures minimum wage, working hours, vacation, termination notice, and equal treatment for employees. The Act applies regardless of work location, binding employers to provide detailed pay statements, overtime pay at 150%, and at least two weeks of paid vacation after one year. Termination notice varies from one to eight weeks based on service duration. 

Chapter II - Scope 

This Act applies to the employee regardless of where the employee works. It also applies: 

(1) to the employee who performs work both in Québec and outside Québec for an employer whose residence, domicile, undertaking, head office or office is in Québec; 

(2) to the employee domiciled or resident in Québec who performs work outside Québec for an employer contemplated in subparagraph 1; 

(3) (subparagraph repealed). 

This Act is binding on the State. Section 2(1) to (3). 

Chapter IV - Labour Standards 

Division I - Wages 

The minimum wage payable to an employee shall be determined by regulation of the Government. Section 40. 

An employee is entitled to be paid a wage that is at least equivalent to the minimum wage. 

The employer must remit to the employee, together with their wages, a pay sheet containing sufficient information to enable the employee to verify the computation of their wages. That pay sheet must include, in particular, the following information, where applicable: 

(1) the name of the employer; 

(2) the name of the employee; 

(3) the identification of the employee’s occupation; 

(4) the date of the payment and the work period corresponding to the payment; 

(5) the number of hours paid at the prevailing rate; 

(6) the number of hours of overtime paid or replaced by a leave with the applicable premium; 

(7) the nature and amount of the bonuses, indemnities, allowances or commissions that are being paid; 

(8) the wage rate; 

(9) the amount of wages before deductions; 

(10) the nature and amount of the deductions effected; 

(11) the amount of the net wages paid to the employee; 

(12) the amount of the tips reported by the employee pursuant to section 1019.4 of the Taxation Act (chapter I-3); 

(13) the amount of the tips he has attributed to the employee under section 42.11 of the Taxation Act. Section 46. 

No employer may make deductions from wages unless he is required to do so pursuant to an Act, a regulation, a court order, a collective agreement, an order or decree or a mandatory supplemental pension plan. 

The employer may make deductions from wages if the employee consents thereto in writing, for a specific purpose mentioned in the writing. 

The employee may at any time revoke that authorization, except where it pertains to membership in a group insurance plan, or a supplemental pension plan. The employer shall remit the sums so withheld to their intended receiver. Section 49. 

Division II - Hours of Work 

For the purposes of computing overtime, the regular workweek is 40 hours except in the cases where it is fixed by regulation of the Government. Section 52. 

An employer may, with the authorization of the Commission, stagger the working-hours of his employees on a basis other than a weekly basis, provided that the average of the working-hours is equivalent to the standard provided for in the law or the regulations. 

A collective agreement or a decree may provide, on the same conditions, without the authorization provided for under the first paragraph being necessary, for the staggering of working hours on a basis other than a weekly basis. 

The employer and the employee may also agree, on the same conditions, on the staggering of working hours on a basis other than a weekly basis, without the authorization provided for in the first paragraph being necessary. In such a case, the following conditions also apply: 

(1) the agreement must be evidenced in writing and provide for the staggering of working hours over a maximum period of four weeks; 

(2) a work week may not exceed the standard provided for in the law or the regulations by more than 10 hours; and 

(3) either the employee or the employer may resiliate the agreement with notice of at least two weeks before the expected end of the staggering period agreed upon. Section 53. 

The number of hours of the regular workweek determined in section 52 does not apply, as regards the computing of overtime hours for the purpose of the increase in the usual hourly wage, to the following employees: 

(2) a student employed in a vacation camp or in a social or community non-profit organization such as a recreational organization; 

(3) the managerial personnel of an undertaking; 

(4) an employee who works outside an establishment whose working-hours cannot be controlled; 

(5) an employee assigned to canning, packaging and freezing fruit and vegetables during the harvesting period; 

(6) an employee of a fishing, fish processing or fish canning industry; 

(7) a farm worker; 

(9) an employee whose exclusive duty is to take care of or provide care to a child or to a sick, handicapped or aged person, in that person’s dwelling, including, where so required, the performance of domestic duties that are directly related to the immediate needs of that person, unless the work serves to procure profit to the employer. Section 54(1) to (9). 

Any work performed in addition to the regular work-week entails a premium of 50% of the prevailing hourly wage paid to the employee except premiums computed on an hourly basis. 

Notwithstanding the first paragraph, the employer may, at the request of the employee or in the cases provided for by a collective agreement or decree, replace the payment of overtime by paid leave equivalent to the overtime worked plus 50%. 

Subject to a provision of a collective agreement or decree, the leave must be taken during the 12 months following the overtime at a date agreed between the employer and the employee; otherwise the overtime must be paid. However, where the contract of employment is terminated before the employee is able to benefit from the leave, the overtime must be paid at the same time as the last payment of wages. Section 55. 

For more information: 

  • Division IV - Annual Leave with Pay. Sections 66 to 76. 
  • Division V.1 - Family or Parental Leave and Absences Division VI - Notice of Termination of Employment or Layoff, and Work Certificate. Section 82 to 84. 
  • Division VII.1 - Differences in Treatment. Section 87.1. 

Further details on the Act Respecting Labour Standards can be found at gouv.qc.ca. 

 

SASKATCHEWAN

In Saskatchewan, employers must comply with the Employment Standards Act (Sections 2-1, 2-3,  2-5 to 10, 2-11, 2-20, 2-24,  2-60 to 2-63) regarding wages, working hours, vacation entitlements, layoffs, and termination. Employers must provide a work schedule at least one week in advance, ensure employees receive proper overtime pay at 1.5 times the regular rate, and grant three weeks of vacation after one year and four weeks after ten years. Termination notice varies from one to eight weeks depending on tenure, with additional requirements for group terminations of ten or more employees. Employers must also ensure equal pay, protection against discriminatory action, and adherence to regulations on wage payments, layoff procedures, and workplace conditions. 

DIVISION 2 - Conditions of Employment  

Subdivision 1 - General  

No Charge for Hiring or Providing Information  

(1) No person shall request, charge or receive, directly or indirectly, from another person seeking employment a payment for:  

(a) seeking employment or obtaining employment for the other person or employing the other person; or  

(b) providing information about employers seeking employees.  

(2) A person does not contravene this section by requesting, charging or receiving payment for any form of advertisement from the person who placed the advertisement.  

(3) A payment received by a person in contravention of this section is deemed to be wages owing to the person who made it and this Part applies to the recovery of the payment. Section 25(1) to (3). 

Agreements not to Deprive Employees of Benefits of Part  

No provision of any agreement has any force or effect if it deprives an employee of any right, power, privilege or other benefit provided by this Part. Section 26.  

More Favourable Conditions Prevail  

(1) In this section, “more favourable” means more favourable than provided by this Part, any regulations made pursuant to this Part or any authorization issued pursuant to this Part.  

(2) Nothing in this Part, in a regulation made pursuant to this Part or in any authorization issued pursuant to this Part affects any provision in any other Act, regulation, agreement, collective agreement or contract of services or any custom insofar as that Act, regulation, agreement, collective agreement, contract of services or custom gives any employee:  

(a) more favourable rates of pay or conditions of work;  

(b) more favourable hours of work;  

(c) more favourable total wages; or  

(d) more favourable periods of notice of layoff or termination.  

(3) Without restricting the generality of subsection (2), if an employer is obligated to pay an employee for time worked on a public holiday or pay an employee overtime, no provision of any Act, regulation, agreement, collective agreement or contract of service and no custom that provides for the payment of wages for work on a public holiday or for overtime at less than 1.5 times the employee’s hourly wage shall be considered more favourable to an employee. Section 27(1) to (3). 

Prohibition on Discriminatory Action  

(1) Unless authorized by this Part, no employer shall take discriminatory action against an employee because the employee:  

(a) requests or requires the employer to comply with any right or benefit conferred on employees by this Part, the regulations made pursuant to this Part or an authorization issued pursuant to this Part;  

(b) requests or requires the employer to comply with any restriction or prohibition imposed on the employer by this Part, the regulations made pursuant to this Part or an authorization issued pursuant to this Part;  

(c) is pregnant or is temporarily disabled because of pregnancy;  

(d) has applied for or taken an employment leave or is otherwise absent from the workplace in accordance with this Part;  

(e) has requested a modification of the employee’s duties or a reassignment  to other duties for reasons set out in section 2-41 or subsection 2-49(4);  

(f) seeks or has sought the enforcement of any provision in this Part or the regulations made pursuant to this Part; or  

(g) has had his or her wages seized or attached. 

(2) In any prosecution alleging a contravention of subsection (1), the onus is on the employer to prove that any discriminatory action taken against the employee was taken for good and insufficient cause. Section 28(1)(2). 

Action to Recover Wages Preserved  

(1) Unless otherwise restricted or prohibited by this Act, an employee may bring an action to enforce any right or benefit conferred on the employee by this Part or to recover any wages required to be paid to the employee by this Part.  

(2) Unless the court grants leave otherwise, no employer shall assert a right of set-off or file a counterclaim in the action brought by the employee:  

(a) for a breach of the terms and conditions of employment;  

(b) for the enforcement of any right or benefit conferred on the employee by this Part; or  

(c) for the recovery of any wages required to be paid to the employee by this Part. Section 29(1)(2). 

Employment Deemed Continuous  

For the purposes of this Part, if a business or part of a business is sold, leased, transferred or otherwise disposed of and an employee continues to be employed at the business after the sale, lease, transfer or disposition, the employee’s employment is deemed to be continuous. Section 210.  

Subdivision 2 - Hours of Work 

Work Schedules 

(1) An employer shall give notice to an employee of a work schedule containing  the following: 

(a) the time when work begins and ends; 

(b) if work is done in shifts, the time when each shift begins and ends; and 

(c) the time when a meal break begins and ends. 

(2) The notice required pursuant to subsection (1) must cover at least one week. 

(3) If the days or times when an employee is required or permitted to work or to be at the employer’s disposal change, the employer shall provide to the employee written notice of the change. 

(4) The notice required pursuant to subsection (3) must: 

(a) be given in a schedule that contains the information required pursuant to subsection (1) covering at least one week; 

(b) be given at least one week before the start of the schedule; 

(c) if the schedule mentioned in clause (a) changes after the schedule is provided as required pursuant to clause (b), be given one week before the employee is required or permitted to work or to be at the employer’s disposal; and 

(d) be personally given to the employee, posted in the workplace, posted online on a secure website to which the employee has access or provided in any other manner that informs the employee of the schedule. 

(5) An employer may provide notice of less than one week of a variation to an employee’s schedule if unexpected, unusual or emergency circumstances arise. 

(6) The director of employment standards may permit a variation from the requirements of this section if the employer has obtained the written consent to the variation from the union that is the bargaining agent for the employees. Section 2‑11(1) to (6). 

For more information:  

  • Application of Part. Section 2-3. 
  • Part II - Employment Standards Division 1 - Preliminary Matters for Part 

Interpretation of Part. Section 2-1(a) to (s). 

  • Subdivision 6 - Annual Vacation - Annual vacation periods and common date. Section 2-24(1)(2). 
  • Subdivision 12 - Layoff and Termination. Section 2-60, 2-61, 2-62 and 2-63. 

Further details on the Saskatchewan Employment Act can be found at saskatchewan.ca. 

YUKON TERRITORY

In Yukon, employers must adhere to the Employment Standards Act (Sections 2, 3, 4, 8, 17, 20, 21, 23, 44, 45, 49 to 58) covering wages, working hours, vacation entitlements, layoffs, and termination. Employers must ensure overtime pay at 1.5 times the regular rate for hours exceeding eight per day or 40 per week and provide at least two weeks of annual vacation after one year of employment. Termination notice ranges from one to eight weeks, depending on tenure, with additional notice required for group terminations of 25 or more employees. Employers are prohibited from discriminating in pay based on sex, and changes to employment conditions meant to force resignation may be deemed constructive dismissal. 

Application of the Act  

(1) This Act applies to every employee employed in the Yukon and to the employer of every such employee. 

(2) This Act does not apply to the Government of the Yukon or to the employees of the Government of the Yukon. Section 2.  

Pre-eminence of the Act  

This Act applies despite any other law or any custom, contract, or arrangement, whether made before or after the date on which this Act comes into force, but nothing in this Act shall be construed as affecting any rights or benefits of an employee under any law, custom, contract, or arrangement that are more favourable to the employee than the employee’s rights or benefits under this Act. Section 3.  

Part 2 - Hours of Work  

Application of this Part   

(1) This Part does not apply to:  

(a) an employee who is a member of the employer’s family; 

(b) a travelling salesperson;  

(c) an individual whose duties are primarily of a supervisory or managerial character; 

(d) a member or student of those professions designated by the regulations as professions to which this Part does not apply; and 

(e) those other persons or classes of persons designated by the regulations as persons or classes of persons to which this Part does not apply. 

(2) An individual to whom paragraph 4(1)(c) applies is not included in the application of this Part solely because of the occasional performance of duties other than those of a supervisory or managerial character. Section 4(1)(2). 

Overtime Pay  

(1) If an employer requires or permits an employee to work in excess of the standard hours of work, the employer shall pay to the employee one and one-half times the employee’s regular wages for all hours worked in excess of: 

(a) eight in a day; or  

(b) 40 in a week, but excluding from this calculation hours worked in excess of eight in a day. 

(2) If a week contains a general holiday to which an employee is entitled, 

(a) the references to hours in a week in subsection (1) shall be reduced by eight hours for each general holiday in the week; and 

(b) in calculating the overtime hours worked by an employee in that week, no account shall be taken of hours worked by the employee on the general holiday. 

(3) Subject to operational requirements an employer shall make reasonable efforts to give an employee who is required to work overtime reasonable advance notice of this requirement. 

(4) Despite subsection (3), when there is an emergency, an employer may require an employee to work overtime on shorter notice than would have to be provided under subsection (3). 

(5) An employee may refuse to work overtime for just cause but is required to state the refusal and the cause for refusing to the employer in writing. Section 8 (1) to (5). 

Part 3 - Minimum Wages  

Rate  

Subject to this Part, an employer shall pay to each employee a wage at the rate of not less than the rate established by the Employment Standards Board pursuant to section 18 or not less than the equivalent of that rate for the time worked by the employee. Section 17.  

Part 4 - Annual Vacations 

Application of this Part  

(1) This Part applies to all employees, including employees who are employed on a part-time, seasonal, or temporary basis. 

(2) This Part does not apply to an employee who is a member of the employer’s family. Section 20.  

Entitlement to Vacation with Pay  

(1) Subject to this Part, every employee is entitled to and shall be granted a vacation with vacation pay of at least two weeks in respect of every completed year of employment. 

(2) Vacation pay shall be deemed to be wages. Section 21.  

Agreement between employer and employee: 

(1) An employer and employee may enter into a written agreement whereby the employee will not take the annual vacation to which the employee is entitled under section 21. 

(2) If an employer and an employee enter into a written agreement pursuant to subsection (1), the employer is not subject to the provisions of section 22 with respect to that employee. 

(3) If an agreement referred to in subsection (1) is entered into, the employer shall, within 10 months after the date on which the employee became entitled to the vacation, pay to the employee in addition to any other amount due to the employee, vacation pay for the year immediately preceding the date on which the employee became entitled to the vacation. Section 23(1) to (3). 

For more information: 

  • Part 7 - Equal Pay. Sections 44 and 45. 
  • Part 8 - Termination of Employment. Sections 49 to 58. 

Further details on the Employment Standards Act can be found at canlii.org.