Assignment Standards Code Other Provincial or Territorial Act

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Assignment 1: Employment Standards

 

Student Name: Rahul Kumar

Province Chosen: Saskatchewan

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Summary of Standards

Standard

Canadian Labour Code

Alberta Employment Standards Code

Other Provincial or Territorial Act

Minimum wage

Minimum
Wages depends upon provinces and every employer must pay it.

$13.60 per hour

$10.96 per hour

Overtime

Employees are given 1.5 times to their minimum wage rate
if they work more than their standard hours.

Hours more than 44 in a week and hours more than 8 in a
day gives overtime that is 1.5 of wage rate

Weekly hours of work are set at 40, with day by day hours
set at either 8 or 10. If employees work more than these set hours, extra
time must be paid 1.5 times their hourly wage rate.

Hours of work

Eight hours in a day and 40 hours in a week except in the
case of averaging. Hours worked more than standard hours must be paid for at
the overtime rate

Maximum 12 hours a day unless there is any problem

They can change their schedule and modify their work hours
to average according to these:
·        
40 hours over one week;
·        
80 hours over two weeks;
·        
120 hours over three weeks; and
·        
160 hours over four weeks.

Holiday pay

Employees to be eligible for statutory holiday pay, they
need to have been employed for a minimum of 30 days.

If the employee has worked for one employer for 30 days or
more in 12 months they are entitled to holiday pay.

Employees get public holiday pay equivalent to five
percent for their wages earned in a month (28 days) before the public
holiday. Employees get this pay whether they have worked on the public
(statutory holiday). Public holiday pay is to be paid out in the fund
interval the holiday happens in.

Vacation pay

Federally regulated employees are entitled to a minimum of
two weeks of vacation annually after completing one year of employment with
the same employer. After six consecutive years of employment with the same
employer, the entitlement increases to three weeks of vacation annually.

Most employees are entitled to vacation pay as such they
are entitled to these minimum paid vacations
·        
Employees must work for 1 year.
·        
2 weeks of pay after each of the first 4 years
of employment.
·        
3 weeks of pay after working consecutively for
5 years.

Employees who are entitled to vacation pays are
·        
Employees who have worked with same employer
for one year.
·        
Employees who have worked for over one year
and under 10 years with a same employer get three weeks’ vacation leave.
·        
Employees who finish 10 years of work with a
same employer get at least a months of yearly vacation leave.

Termination pay

Employees are entitled to two days’ regular wages for each
full year that they worked for the employer before their termination of
employment. The minimum benefit is five days’ wages.

When an employee quits or gets terminated with notice all
the amount of employee must be paid within consecutive 3 days after last day
of working. (Part 2, Division 8)
Termination pay must equivalent in any event the wages the
worker would have earned if the representative had worked general hours for
the termination time frame.

Rather than provide notice, an employer can opt to provide
payment in lieu of notice. This amount must be in the amount the employee
would have received if they had worked their regular hours and received
regular wages during the notice period.
Upon termination of employment of an employee for any
reason, the employer must pay to the employee all wages due, including any
annual holiday pay to which the employee is entitled, within 14 days after
the effective date of termination

Deductions

These things are deducted according to Canada Labour Code
·        
Canada Pension Plan (CPP) contributions
·        
Employment Insurance (EI) premium
·        
Income tax deduction

Deductions can be made only if
·        
Required by law
·        
Authorized by collective agreement or in
writing by employee.
While starting their jobs employees can agree in writing
about deductions including dental plans, pension plans etcetera

Allowable Deductions include
·        
deductions required by the government, such as
Canada Pension Plan (CPP), Employment Insurance (EI) premiums and income tax.
·        
charitable donations voluntarily made by the
employee
·        
voluntary contributions by the employee to
savings plans or the purchase of bonds

Statement of earnings

This shows what you earned over a specified period and the
amounts deducted.

An employer must provide an employee with a statement of
earnings at the end of each pay period which includes
·        
statement period
·        
regular and overtime hours of work
·        
wage rate and overtime rate
·        
earnings paid, listing items separately (e.g.
wages, overtime, general holiday pay and vacation pay),
·        
deductions from earnings and the reason for
each deduction
·        
hours taken off in lieu of overtime

A statement of earnings must be provided each pay day as
well as when making payments of wage adjustments. The statement of earning
should include:
·        
the name of the employer and employee;
·        
the period for which the payment is made;
·        
regular, overtime, and public holiday hours
worked;
·        
rate of pay;
·        
the amount paid for each of wages, overtime,
and public holiday pay and work on a public holiday, vacation pay, and pay
instead of notice;
·        
an itemized list of any deductions made from
wages;
·        
total earnings; and
·        
the actual payment method.

Minimum age

Canada Labour Code allows young people under 17 years of
age to work only if they are not required to go to school as per their usual
province of residence, if the work to be done is not in a prohibited category
(e.g. underground mine). (Priscilla, August 2009)

Children Under 12 years of age are not allowed to work
until approved by director of employment standards.
Employees 12-14 years of age need written permission of
their parents and needs permit from employment standards for working.
Employees 15-17 years of age does not need any parental or
permit to work but they can not work 12:01 and 6 am. Also have special
restrictions while working for restaurants and bars.

The general minimum age of employment in Saskatchewan is
age 16.  An “absolute” minimum age of
14 has also been established provided those 14 and 15-year-old workers fulfil
certain requirements.  To work in
Saskatchewan, 14 and 15-year old are required to complete the Young Worker
Readiness Certificate Course (YWRCC) and obtain a Certificate of Completion.
Young people under the age of 14 cannot work unless the
employer has a special permit from the Director of Employment Standards.

Leaves of absence

This provides employee leave’s which includes pregnancy,
parental and adoption responsibilities, illness, family emergency,
bereavement, to serve on a jury or as a witness, and to vote. Leaves can be
with pay or without pay.

·        
Alberta Employment Standards Code provides for
unpaid maternity/parental leave. To qualify, you must have worked for your
employer a minimum of 52 continuous weeks. Pregnant workers who don’t meet
that minimum might be entitled to leave under human rights law.
·        
A birth mother’s job is protected while she is
on one-year (15 weeks maternity / 37 weeks parental) leave.
·        
Fathers and adoptive parents are entitled to
37 weeks of unpaid leave.
As of February 1, 2014, Alberta Employment Standards
provides for Compassionate Care Leave.

·        
Provided you have worked at least 13 weeks for
the same employer, you are entitled to an 18-week maternity or adoption leave
if you are the main caregiver. In addition, you can have 34 weeks of parental
leave, but it must be taken immediately following the maternity leave.
·        
A parent of a newborn who does not take
maternity leave will be eligible for 37 weeks of parental leave.
·        
If you need to care for an ill or dying family
member, you are entitled to take leave from work without being disciplined or
fired.

Sources Used:

https://www.alberta.ca/employment-standards.aspx
https://www.saskatchewan.ca/business/employment-standards
Priscilla Franken (2009) Retrieved from https://www.legaljobs.ca/minimum-legal-age-of-employment-canada/
https://www.canada.ca/en/employment-social-development/programs/employment-standards/federal-standards.html
 https://www.canada.ca/en/employment-social-development/programs/employment-standards/federal-standards/termination.html
https://www.saskatchewan.ca/business/employment-standards/wages-and-pay/wage-deductions
https://www.saskatchewan.ca/business/employment-standards/wages-and-pay/wage-deductions
http://www.qp.alberta.ca/documents/Regs/1997_014.pdf0

 

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