Theme: Career Guidance and Transitions

Ready for Work 3: Tools for Promoting Fairness in the Workplace

Learning Outcomes

  • To identify how The Labour Standards Act promotes fair treatment in the workplace; and
  • To describe young workers' rights as well as their responsibilities for promoting and maintaining fair workplace practices.

Essential Question

  • What does it mean to be fair?
  • With all the different types occupations is it really possible to treat everyone the same?
  • What is the Labour Standards Act?
  • Is it important for young workers to be familiar with the Labour Standards Act?

Level

  • Grade 12

Time

  • 2 X 15 minutes

Materials

  • Student worksheets and resources: Labour Standards Flash Cards
  • Tools for Promoting Fairness in the Workplace—Background Notes: The Labour Standards Act Fact Sheet
  • Fact sheet: Labour Standards for Young and New Workers
  • Booklet: Rights and Responsibilities: A guide to labour standards in Saskatchewan booklet (teacher copy).

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Procedure

  1. Discuss the purpose of the activity. It is designed to increase students’ knowledge of Saskatchewan’s labour standards.Prepare a class set of the Flash Cards. The flash cards are also available at an interactive electronic game.Teachers will need to determine the number of questions and topics that they can cover in the 15 minutes allotted. As a minimum guideline, it is recommended all the cards in the “Hours of Work” section be used. Outstanding questions could be assigned as homework
  1. Some ideas for using the printed Flash Cards are presented below:
  • Pass out cards to the students. Randomly ask students to read their question to the group and solicit answers from other members. Then share the answersprovided with the flash cards with the group. If time allows, discuss the answer with students and address additional questions.
  • Divide the class into teams of two or more. Have each team take turns asking questionsof another team and providing the answer.
  1. Summarize the activity by asking the students to respond verbally or in writing to one of the following questions:
  • Do you think The Labour Standards Act helps to maintain fairness in the workplace? How?
  • Have students identify a particular job/occupation in which they are interested or assign one to them (writer/waitresses, service station attendant). Ask them to determine the labour standards that will apply to this particular occupation.
  1. Provide students with copies of the fact sheet: Labour Standards for Young and New Workers.

Closing

Labour standards exist to protect workers and insure decent working conditions for everyone. The contribution of every worker should be valued.

Extending Activities

  • Order copies of the video, A Good Deal for Saskatchewan and the Leader's Guide. Use Worksheet 1 or the discussion questions provided in the Leader's Guide to examine labour standards in Saskatchewan workplaces.

Assessment

  • Informal assessment as students participate:
  • willingness to participate, share ideas and to show respect for others’ opinions and ideas.
  • Assessment of their verbal and written answers as to their:
  • understanding of how The Labour Standards Act will impact them as workers and employers.

Tools for Promoting Fairness in the Workplace

Background Notes: The Labour Standards Act Fact Sheet

General

The current Labour Standards Act was passed in 1977. Major amendments were made to the Act in 1995.

The Act applies to most Saskatchewan employers and employees except farm workers6, casual sitters, workers in businesses in which only immediate family members of the employer are employed, and employees who work in jurisdictions that are governed by federal law (railways, banks, airports, radio and television, etc.) See the You and the Law in the Workplace fact sheet for a more complete list.

Except for the section on pro-rated benefits, the Act applies equally to all employees including part-time, full-time, temporary, seasonal, casual or permanent workers. There are some partial exemptions from specific sections of the Act. For example, managers are exempt from the overtime provisions. Teachers are exempt from the sections on annual and public holidays and hours of work.

Saskatchewan Labour administers the Act. The Department has eight offices across the province that provide information, investigate complaints and work with employers and employees to resolve disputes. Please refer to the web site for the current phone numbers and addresses.

Promoting Fairness in the Workplace

One of the major vehicles for maintaining fair workplace practices in Saskatchewan is The Labour Standards Act. This Act contributes to, promotes, and maintains fair working conditions in the province of Saskatchewan in a number of ways. Its primary purpose is to protect workers by setting a minimum or basic standard for working conditions with regard to hours of work, overtime, termination and holiday pay. Employers can give their employees more than what is provided for under the Act but not less. In this way, it sets a minimum standard for what is considered to be acceptable and fair workplace practices in Saskatchewan.

The Act also protects employers from unfair competition in the marketplace by ensuring all employers operate under the same workplace rules. For example, all employers are required to pay the same basic rate of overtime to all their employees (1.5 x hourly rate).

The Act also ensures that what is important to us as a society is reflected in our workplaces. As a society, Saskatchewan people value family and family time. The provisions in the Act dealing with family leaves (maternity, adoption, parental, bereavement) reflect this value that we place on family. As a society, we consider it a fair workplace practice to provide workers in Saskatchewan with time off to attend to family matters.

Fact sheet:

Labour Standards for Young and New Workers

Rights and Responsibilities

The Act sets standards in the workplace by setting out rights as well as responsibilities for both employees and employers. For example, the Act provides employees who work six hours or more with the right to have a 30-minute unpaid meal break for every five consecutive hours they work.

Employers have the responsibility to provide their employees with at least a 30-minute break. Employers have the right to determine when employees will take their annual vacation leave. Employees have the responsibility to take the holiday time as assigned by the employer. Both employers and employees have a responsibility to know the minimum employment standards the Act sets for fair working conditions in their particular occupation and to act in accordance with them.

i)Overtime

For most workers, overtime starts after eight hours in a day, 40 hours in a week or 32 hours in a week in which a public holiday occurs. Overtime pay is 1.5 x hourly wage. Managers and professionals are exempt from the overtime section of the Act.

Employers can get a permit from the Director of Labour Standards that will allow them to vary their employees’ working time. For example, the permit might allow employees to work more than 8 hours in a day. To get a permit, 51% of the employees who will be affected must agree that they want to vary their hours by signing the application.

ii) Meal Breaks

When working six hours or more, employees get a 30-minute, unpaid meal break for every five consecutive hours they work.

iii) Work Schedules

Employers must give employees notice of when their work begins and ends over a period of at least one-week. Notice should be in writing and should be posted in a place where employees can easily see it.

Employers must give one week's notice of change in schedule unless there is an emergency or unforeseen circumstance.

iv) Minimum Wage

Saskatchewan’s minimum wage is effective as follows: $7.05 an hour on September 1, 2005; $7.55 an hour on March 1, 2006; and, $7.95 an hour on March 1, 2007.

v) Minimum Call-out

Most workers get three time the current minimum wage (minimum call-out pay) each time they report for work (other than overtime) even if it turns out that there is no work for them that day. If the employee does work, the employee must be paid either the minimum call-out pay or the employee’s regular wages for the time worked, whichever is greater. Students in regular attendance at school are exempt from this provision during the school term. Minimum call-out pay is effective as follows: $21.15 on September 1, 2005; $22.65 on March 1, 2006; and, $23.85 on March 1, 2007

vi) Annual Holiday Pay

Annual holiday pay is 3/52nds (three weeks in 52 weeks) of total annual wages during the first nine years of employment with the same employer. All full-time, part-time, seasonal and temporary employees get annual holiday pay.

After one year with the same employer, employees are entitled to three weeks of holiday leave.

vii) Shifts

Employees working in a restaurant, hotel, educational institution, hospital or nursing home cannot be scheduled for more than two shifts in any twelve-hour period.

viii) Termination

Employees who are terminated may be entitled to notice or pay in lieu of notice. The minimum notice or pay in lieu of notice for which employees are eligible depends upon their length of service. If an employee has worked less than three months with the same employer, s/he is not entitled to any notice.

Length of Service Minimum Notice

Length of Service / Minimum Notice
0 – 3 months / 0 weeks
3 months – 1 year / 1 week
1 – 3 years / 2 weeks
3 – 5 years / 4 weeks
5 – 10 years / 6 weeks
10 years and over / 8 weeks

If the employee is terminated for “just cause,” notice of termination or pay in lieu of notice is not required. The Labour Standards Act does not define “just cause.”

ix) Minimum Age of Employment

The minimum age at which employees may be employed in hotels, restaurants, educational institutions, hospitals and nursing homes is 16 years of age.

x) Uniforms

Workers in hotels, restaurants, educational institutions, hospitals and nursing homes required to wear uniforms (other than a registered nurse) or any special article of wearing apparel shall have them provided, repaired and laundered free of cost to them. Deductions shall not be made to employees’ wages.

xi) Public Holidays

All workers in Saskatchewan get paid for nine public holidays. Public holiday pay for most workers is 1/20th (5%) of total wages earned (excluding overtime) in the preceding four calendar weeks. If employees work on a public holiday, they get 1.5 x the regular hourly wage for all hours worked on the holiday + public holiday pay.

xii) Equal Pay

Male and female employees are entitled to the same rate of pay when they perform similar work in the same establishment, under similar working conditions requiring similar skill, effort and responsibility. Different pay rates are allowed when based on seniority, merit, trainee programs or other non-gender-related criteria.

xiii) Sick Leave

Employers may not discharge or discipline employees who have worked for them at least 13 continuous because of absence due to illness or injury of the employee or dependant family member:

• if the absence is due to a serious illness or injury, and does not exceed 12 weeks in a period of 52 weeks;

• if the employees is injured and receiving benefits under The Workers compensation Act, ad does not exceed 26 weeks; or

• in situations where absences do not exceed 12 days in a year.

The Labour Standards Act does not require employers to pay employees who are away sick.