Department of Community Services

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 Labour Services 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).

  1. What is the Employment Standards Act?
  2. Who does the Act apply to?
  3. How are the provisions of the Act enforced?
  4. What can an employee do if an employer violates the Act?
  5. Where can an employee file a complaint if the employee is not covered by the Act?
  6. What types of complaints can be filed?
  7. Can the employer and employee make an agreement circumventing the requirements of the Act?
  8. Can an employee try to claim more than the minimum standards?
  1. What is the Employment Standards Act?
    The Employment Standards Act sets the minimum standards for employment in the Yukon. It protects the rights of employers and employees in an employment relationship, by defining the responsibilities and duties of each person in the relationship.

  2. 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 interprovincial undertakings, ie., 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.

  3. 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 they are entitled to under 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.

  4. What can an employee do if an employer violates the Act?
    The employee can file a complaint with an Employment Standards Officer who will investigate and attempt to resolve the complaint in a manner satisfactory to the parties involved.

  5. 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 the officer's jurisdiction, the officer will direct the complainant to the appropriate agency. Other agencies to whom the complainant may be referred are Labour Canada, Canada Employment and Immigration Commission, Revenue Canada, Public Service Alliance of Canada, Small Claims Court, and the Human Rights Commission.

  6. What types of complaints can be filed?
    Complaints are of two types - monetary and non-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, authorized 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 the officers are interested in education and equitable settlements, not in court action.

  7. Can the employer and employee make an agreement circumventing the requirements of 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.

  8. 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 support the claim. An employee who has agreed to less than the minimum standards is entitled to claim only the minimum standards.