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OC 162/2014 - The Employment Standards Regulations (Minister of Labour Relations and Workplace Safety)
Description:

Title: The Employment Standards Regulations

Minister: Minister of Labour Relations and Workplace Safety

Summary:

Exemptions:

  • Continue the exemptions for managers and teachers that previously resided in the Act.
  • Add an exemption for athletes while engaged in athletic activities from Part II of the Act and the regulations.
  • Clarify that interns that perform the duties of an employee are covered by Part II of the Act; but that student learners that are in a recognized educational program which requires a work placement component are exempt from Part II of the Act and the regulations.
Firefighter Hours of Work:
  • Continue the hours of work provisions for firefighters that previous resided in The Fire Departments Platoon Act.
Modified Work Arrangements:
  • Enable the employer and employee(s) to enter into written modified work arrangements to average hours of work over one, two, three and four week periods; as long as the average hours for the period is 40 hours per week and that the maximum daily hours that can be agreed upon before overtime is applicable is 12 hours.
  • Require the written modified work arrangements to include the length of the averaging period; the daily hours before overtime applies; the work schedule for the daily and weekly hours; and, the start and end date of the agreement.
  • Establish that the maximum length of a modified work arrangement is two years; but that an arrangement can be renewed. In addition, any arrangement entered into applies to all employees hired after the agreement is entered into if they work in the categories of jobs covered by the arrangement.
  • Restrict the application of modified work arrangements to full-time employees (work on average more than 30 hours per week).
Time Banks:
  • Enable an employer and employee to enter into a written agreement to establish a time bank for overtime hours worked. The hours accumulate at the overtime rate of 1.5 times the overtime hours banked.
  • Require that all hours banked must be taken within 12 months of accumulating them. If the hours are not used, they are to be paid out.
  • Enable the employer and employee to mutually agree on when the time off is to be used; but in the absence of an agreement, the employer can schedule hours to be taken off from work.
  • Enable an employee to request a payout of time in the bank without closing the bank. Such payment is to occur by the end of the pay period following the pay period in which the request is made.
  • Enable either party to close the time bank. In closing the bank a request can be made for payment or the parties can agree when the time off is to be used. In the absence of an agreement, the employer can schedule hours to be taken off from work.
  • Payouts from the bank are equivalent to the number of hours taken from the bank multiplied by the hourly wage of the employee.
  • Protections are in place to ensure that if a layoff or termination occurs that the hours in the bank are not considered as part of the notice period or the pay instead of notice.
Retail Sector:
  • Continue the two days of rest for employees in the retail sector; and where possible that one of these two days is to be a Saturday or Sunday.
Exemption from Termination Notice:
  • Remove the requirement that a project to be no longer than 12 months to be exempt from notice provisions.
Compliance Audits:
  • Establish a fee of 10 per cent of the earnings owing for undertaking a compliance audit.
Assignment of Wages:
  • Continue the provisions in The Assignment of Wages Regulations.
See: The Saskatchewan Employment Act, section 2-99





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