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Post-Secondary Education, Training and Labour The Right Balance Employment Standards Branch.

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Presentation on theme: "Post-Secondary Education, Training and Labour The Right Balance Employment Standards Branch."— Presentation transcript:

1 Post-Secondary Education, Training and Labour The Right Balance Employment Standards Branch

2  Employment Standards Branch  Labour and Employment Board  Who is covered and exempt under the Act  Review of Employment Standards  Questions and other jurisdictions Introduction Employment Standards

3 The Employment Standards Act establishes minimum rights and responsibilities for New Brunswick employees and employers. Employment Standards Act Employment Standards

4 The Employment Standards Act promotes a productive and efficient workforce and allows employees to have balance a balance between family and work. The Right Balance Employment Standards

5 The Employment Standards Branch is responsible for: Interpreting; Applying; and Enforcing the rules set out in the Act. The branch operates as a neutral party, providing services to employers and employees of New Brunswick and gives educational services regarding the Employment Standards Act. Employment Standards Branch Employment Standards

6 When the two parties involved can not come to an agreement the dispute is referred to the NB Labour and Employment Board for a final decision. Labour and Employment Board Employment Standards

7 Most New Brunswick employees and employers are covered under the Act with the exception of: Some domestic care workers Self-employed individuals Some agricultural service workers Federally regulated employees Who is covered under the Act? Employment Standards

8 Payroll Keeping Requirements Employment Standards Employer Is required to keep accurate payroll records on all employees for at least 36 months. This includes: DatesDates AmountsAmounts Personal InformationPersonal Information *If an employer does not keep accurate records then the records of the employee will be considered.

9  Every 16 calendar days  No banking of hours  Unauthorized deductions  Pay statements  Tips, Gratuities Rules of Payment Employment Standards

10 All New Brunswick employees are entitled to at least minimum wage for all hours of work up to and including 44 hours in a week. For hours beyond 44, and employee must be paid the minimum wage overtime rate, or 1.5 x minimum wage. Minimum Wage Employment Standards

11 As of April 15th, 2009 Minimum Wage $8.00 (over time after 44 hours $12.00) As of Sept.01, 2009 Minimum Wage $8.25 (over time after 44 hours $12.38) Minimum Wage Employment Standards

12 To qualify:  Regularly work more than 3 hours per shift  Regular rate less than twice the minimum wage  Can not be part of a union When reporting:  Paid no less than 3 hours at minimum wage  Or regular rate Whichever is the greater amount. Minimum Reporting Wage Employment Standards

13 Ô A rest period must be at least 24 consecutive hours per week Ô If possible Sunday Ô If place of employment is open on Sundays: Ô Employee may refuse to work on Sunday by providing 14 days notice in advance Weekly Rest Period Employment Standards

14 1. New Year’s Day 2. Good Friday 3. Canada Day 4. New Brunswick Day 5. Labour Day 6. Remembrance Day (2004) 7. Christmas Day Employment Standards Paid Public Holidays

15 Pay forPaid Public Holidays Pay for Paid Public Holidays Employment Standards If you qualify And do work: –You receive regular wages + 1 ½ times regular wages for hours worked But do not work : –You receive regular wages or option of 3% of employees wages To qualify for paid public holiday You must: Be employed for 90 calendar days in the past 12 months Work scheduled day before and after Report for work

16 You do not qualify if : 1.You were employed for less than 90 calendar days in the last 12 months 2.You did not work your scheduled day before and after 3.You did not report to work But you do work: You receive 1 ½ times regular wages for hours worked And you do not work: You receive no wages Pay forPaid Public Holidays Pay for Paid Public Holidays Employment Standards

17  Must be for cause  Must set out the reasons for dismissal in writing ( if employed 6 months or more )  If no written cause provided, the dismissal becomes a termination Dismissal Employment Standards

18  Employed 6 months to 5 years, 2 weeks written notice or pay in lieu of  Employed 5 years or more, 4 weeks written notice or pay in lieu of  Group termination, 6 weeks notice, also to Minister For a period not exceeding 6 days Or if reasons are unforeseen Layoff and Termination Employment Standards LAYOFF WITHOUT NOTICE

19 Definite assignment not exceeding 12 months Fixed term of employment Normal seasonal reduction, closure or suspension of operation Employee refuses alternative employment Employee retires Employee works in construction industry Termination Employment Standards WITHOUT NOTICE

20  All outstanding pay must be paid no later than the next regular pay day  Payment of outstanding pay or benefits can not be delayed more than 21 days Termination Pay Employment Standards

21 Vacation Time 2 regular work weeks or 1 day per each month worked, whichever is less Vacation Pay Regular pay or at least 4% of gross earnings Vacation Employment Standards Employed up to 8 years

22 Vacation Time 3 regular work weeks or 1.25 days for each month worked, whichever is less Vacation Pay Regular pay or at least 6% of gross earnings Vacation Employment Standards Employed 8 years and more

23  Notify an employee at least one week in advance of his/her vacation time;  Pay the employee his/her vacation pay at least 1 day prior to the leave Vacation Employment Standards Employer shall:

24  Unpaid leave of up to 17 weeks  Can begin no earlier than 11 weeks before probable delivery date  Cannot refuse to hire, dismiss, suspend or layoff due to pregnancy Maternity Leave Employment Standards EMPLOYER’S OBLIGATIONS:

25  Advise employer 4 months prior to probable delivery date  provide a medical doctor’s certificate  in the absence of emergency, give 2 weeks notice prior to commencing leave Maternity Leave Employment Standards EMPLOYEE’S OBLIGATIONS:

26  Unpaid Leave of up to 37 weeks  Provide 4 weeks written notice  Option to share leave between parents Child Care Leave Employment Standards

27 +Unpaid Leave +If an employee is: - Summoned to serve on a jury - Selected to serve on a jury - Served with a summons to serve as a witness Court Leave Employment Standards

28  Unpaid Leave  In the event of the death of a person in a “Close Family Relationship”  Up to 5 consecutive days  Begins no later than the day of the funeral Bereavement Leave Employment Standards

29  Unpaid Leave  3 days per year  Health, care or education of a person in a “Close Family Relationship” Family Responsibility Leave Employment Standards

30  Unpaid Leave  Up to 8 weeks  Care for someone in a “close family relationship”  Conditions around qualifying (Fed.) Compassionate Care Leave Employment Standards

31  Unpaid Leave  5 days per year  Employed for 90 calendar days  Medical certificate – after 4 or more consecutive days Sick Leave Employment Standards

32  Unpaid Leave (up to 18 months)  Employee must provide reasonable notice  Must be employed for 6 months  Must be one year between leaves (Res.)  Cannot discriminate against Reservists  Can defer return if notice of return not reasonable Leave for Reservists Employment Standards

33 Restrictions placed on employment of persons under the age of 16. n no more than 6 hours in any day n no more than 3 hours on any school day n no more than 8 hours total, school+work n not between 10 p.m. and 6 a.m. - Permit may be issued by Director Employment of Children Employment Standards

34 Employment of persons under the age of 14 is not allowed in these areas: Industrial undertaking Forestry and construction industry Garage or automotive service station Hotel or restaurant, theatre, dance hall - Permit may be issued by Director of ES Employment of Children Employment Standards

35  Force employee to take a lie detector test  Dismiss, layoff, penalize, discipline, or discriminate against employee for pursuing leaves and benefits under the Act  Right to resume to work - Workers’ Compensation Act Unfair Employer Action Employment Standards

36 Same establishment Similar working conditions same in nature same skill, effort and responsibility Equal Pay for Equal Work Employment Standards Same rate of pay for work performed by employees of the opposite sex when:

37 Not Covered under the Act Salary increases Scheduling of hours, shifts and overtime Severance packages Notice required by employees Minimum number of hours guaranteed Frequent questions Employment Standards

38 Daily Breaks (Workplace Health & Safety Compensation Commission ) Discrimination and harassment (Human Rights Commission ) Days of Rest (Environment & Local Government ) Employment Insurance benefits & Record of Employment (Service Canada ) Payroll deductions (Revenue Canada ) Other Jurisdictions Employment Standards

39 How much notice is required for termination of employment of 4 months? When are employees entitled to start receiving vacation pay? If an employee works one day per month for 3 months is he/she eligible for PPH? How long is maternity leave and child care leave combined? ReviewQuiz Review Quiz Employment Standards

40 Together, let us make New Brunswick a better place to live, work, and conduct business. Employment Standards


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