Department of Community Services

Employment Standards

Employment Standards Act

The following questions and answers are for information purposes only. For actual interpretation and application purposes refer to the Employment Standards Act [ 990KB ] and Regulations, or contact an Employment Standards Officer in the Employment Standards Office on the 3rd Floor of the Law Centre, 2130-2nd Avenue, Whitehorse, Yukon or call (867) 667-5944 (toll free within the Yukon 1-800-661-0408 extension 5944).


What is the Employment Standards Act? 
The Employment Standards Act (the Act) sets the minimum standards for employment in the Yukon.  It protects the rights of employers and employees, by defining the roles and responsibilities of each person in the employment relationship.

 

Who does the Act apply to?
The Act applies to all employers and employees in the Territory, with some exceptions.  Employees of the territorial and federal governments are exempt.  Employees working in inter-provincial undertakings, i.e., trucking companies, banks, airports and the postal service are covered by federal legislation administered by Labour Canada.  As well, some employees are exempted from the Employment Standards Act by regulation.  An Employment Standards Officer should be consulted if employers or employees are unsure whether they are covered by the Act.

 

How are the provisions of the Act enforced?
Employment Standards Officers are responsible for the interpretation and administration of the Act.  A variety of methods are used by the Officers to ensure that employers and employees are receiving all of the benefits in compliance with the law.  Some methods are public education programs, payroll audits, complaint investigation, mediation, conciliation and, as a last resort, prosecution.  The Officers are granted a number of powers under the Act to assist them in their duties.

 

What can an employee do if an employer violates the Act?
The employee can file a complaint with Employment Standards where an Employment Standards Officer will investigate and attempt to resolve the complaint in accordance with the Act.

 

Where can an employee file a complaint if the employee is not covered by the Act? 
If it is determined that the employee is not covered by the Act or that the complaint is beyond Employment Standards' jurisdiction, the Officer may direct the complainant to an appropriate agency, such as: Labour Canada; Service Canada; Canada Revenue Agency; Public Service Alliance of Canada; Small Claims Court; the Human Rights Commission; and other provinces or territories.

 

What types of complaints can be filed?
Complaints are of two types:

• Monetary - The majority of complaints are claims for unpaid wages, arising from violations of the provisions governing hours of work, overtime payment, vacation pay, minimum wages, unauthorized deductions, and notice of termination.

• Non-monetary - Complaints arise from violations of the leave provisions, such as special leave without pay, maternity leave, and annual vacation.  Contravention of the Act for any reason may result in prosecution, but best results are achieved through education and compliance, not in court action.

 

Can the employer and employee make an agreement that is not addressed by the Act?
Employers and employees can agree to more favourable conditions than the Act provides.  An agreement for less favourable conditions, no matter the reasons underlying the arrangement, is not a valid agreement.

 

Can an employee try to claim more than the minimum standards?
The employee is entitled to receive wages and benefits established at the time of hire as the terms of employment.  Therefore, if the employer and employee have agreed to more favourable conditions than the minimum standards, the employee is entitled to file a claim based on that agreement.  The employee should be prepared to provide Employment Standards with documentation that supports their claim such as wage statements, an employment contract, and other work-related records.

 

Regulations