Canada Saskatchewan HR Information

Updated on: 2025/08/04 14:03 (UTC)

Overview

Provinces in Canada have exclusive jurisdiction over all aspects of employment relations in most fields of economic activity. The exceptions, subject to federal jurisdiction, include banks, transportation services that cross provincial or international boundaries, airlines, broadcasting and telecommunications. In addition, unemployment insurance for all Canadian employees is regulated under the federal Employment Insurance Act, and federal public pension benefits are provided to residents of all provinces except Quebec under the federal Canada Pension Plan.

The Saskatchewan Employment Act, which came into force in 2014, amalgamated and modernized several pieces of labor and employment legislation, including the Labor Standards Act, the Occupational Health and Safety Act, and the Trade Union Act.

Hiring

Employment Contracts

There is no requirement to enter into a written employment contract with non-unionized employees. In practice, senior members of an organization typically receive written employment contracts that define the employer’s obligations to that particular employee. Such contracts will not be enforceable if the terms are inferior to statutory minimum employment standards or the employee signed the contract under duress. In cases where no written employment contract exists or where the contract does not fully address the terms and conditions of employment, the employment relationship is governed by standards established under the common law.

Saskatchewan employment contracts are typically for an indeterminate term unless otherwise agreed to in writing. Pursuant to the common law and the labor statutes, an employer or an employee may terminate an employment contract by giving advance written notice.

Restrictions on Hiring

The minimum age for employment in Saskatchewan is 16, but 14- and 15-year-olds can work if they have completed the Young Workers Readiness Certificate Course (which teaches young workers the basics of workplace health and safety and their rights and responsibilities in the workplace) and have written permission from one of their parents or a guardian. Upon hiring, 14- and 15-year-olds are required to provide their employer with a copy of their Certificate of Completion for the Young Workers Readiness Certificate Course, proof of age and a written consent from a parent or guardian.

Fourteen- and 15-year-olds cannot work more than 16 hours in a week where school is in session; after 10:00 p.m. on a day preceding a school day; or before classes begin on a school day. These restrictions only apply during a week when there is a school day. During holidays and extended breaks from school, 14- and 15-year-olds can work the same hours as other employees.

Recordkeeping

Employers must retain the following information about each employee for the employee’s most recent five years of employment:

• a copy of every written contract or other document dealing with wages or other monetary benefits and the particulars of every unwritten contract;
• the full name, sex, date of birth and residential address of the employee;
• the title or a brief description of the job or position the employee holds;
• the rate of wages of the employee expressed in terms of wages per hour, day, week, month or other period;
• the time the employee’s work begins and ends each day and when any meal breaks begin and end;
• the total number of hours worked by the employee each day and each week, including hours the employee is required to be at the disposal of the employer;
• every deduction made from the wages of the employee and the purpose of each deduction made;
• the date of each payment of wages to the employee;
• the date of commencement of the employee’s employment and, if applicable, the date the employment ends;
• the date on which the employee becomes entitled to vacation and when the vacation is taken;
• the amount paid to the employee with respect to each vacation to which the employee is entitled and the date of payment;
• the amount paid to the employee with respect to each public holiday and the date of payment;
• if applicable, the amount paid to the employee at the end of employment and the date of payment; and
• any other prescribed matters or matters that the minister may require.

Employers must also retain modified work arrangement agreements for five years after their expiration.

Saskatchewan employers must keep a register of employees who ordinarily work from home, noting the address where the work is performed and what portion of work is performed at home. Employee records must reflect the most recent five years of employment. If an employee is terminated, the records must be retained for two years after termination.

Background Checks

Saskatchewan employers must be careful to avoid violating employee and applicant privacy rights when conducting background checks and should obtain prior consent. Employers may require a satisfactory background check as part of a conditional offer of employment, however, and there is no legal barrier to refusing to employ someone based on the results of a criminal record check if the employer can demonstrate that such a check is reasonable in a given situation.

Noncompetition Agreements

Noncompetition and nonsolicitation agreements may form part of an employment agreement if they are reasonable.

Employment contracts may include provisions governing noncompetition and/or nonsolicitation after an employee’s employment is terminated. The enforceability of these clauses will depend on their reasonableness, as determined by geographic and temporal scope as well as the breadth of activities which the clauses purport to prohibit. All restraints of trade are contrary to public policy and prima facie void unless they can be justified as reasonable with respect to both the interests of the parties and the interests of the public.

Reference Citations

Employment Contracts: The Saskatchewan Employment Act, S.S. 2013, ch. S-15.1, § 2-60

Restrictions on Hiring: Minimum Age and Workplace Restrictions

Recordkeeping: The Saskatchewan Employment Act, S.S. 2013, ch. S-15.1, §§ 2-38; Employment Record Keeping

Immigration and Work Permits

In General

Foreign nationals must have work permits to be legally employed in Canada. A labor market impact assessment must be conducted to ensure there are no Canadians available to do the job.

Permission to Hire Foreign Worker

Saskatchewan’s Foreign Worker Recruitment and Immigration Services Act requires all provincial employers to be registered with the government before undertaking efforts to recruit a foreign national. Certificates of registration are issued for two years. In order to meet the application requirements, employers must:

• • be a permanent resident or a citizen of Canada;
• • provide a work location for a foreign worker zoned for commercial operations;
• • actively operate the business as the employer for no less than 12 months;
• • have demonstrated compliance with employment laws by already having employees (non-family members) for a reasonable period given your operation (normally, 12 months); and
• • provide any documentation requested by an officer to support their application.

Visas and Work Permits

The Saskatchewan Immigrant Nominee Program allows the province to nominate applicants to the federal government for permanent residency based on criteria set by the province. One of many subcategories under the Saskatchewan Immigrant Nominee Program, the International Skilled Worker category is for individuals with the education, skilled work experience and language ability to enable them successfully to integrate into Saskatchewan’s labor market and communities. There are multiple subcategories, including:

• employment offer,
• tech talent pathway,
• occupations in-demand,
• express entry, and
• hard-to-fill skills.

The Saskatchewan Experience category is for foreign nationals currently working and living in Saskatchewan and also includes multiple subcategories:

• skilled worker with existing work permit,
• semi-skilled agricultural worker with existing work permit,
• health profession,
• hospitality sector,
• long-haul truck driver, and
• • student.

Prohibited Practices Under FWRISA.

Under the Foreign Worker Recruitment and Immigration Services Act, no recruiter, employer or immigration consultant can:

• produce or distribute false or misleading information;
• take possession of or retain a foreign national’s passport or other official documents or property;
• misrepresent employment opportunities, including position, duties, length of employment, wages and benefits or other terms of employment;
• threaten deportation or other action for which there is no lawful cause;
• contact a foreign national or a foreign national’s family or friends after being requested not to do so by the foreign national;
• take action against or threaten to take action against a person for participating in an investigation or proceeding by any government or law enforcement agency or for making a complaint to any government or law enforcement agency; or
• take unfair advantage of a foreign national’s trust or exploit a foreign national’s fear or lack of experience or knowledge.

Penalties

Consequences for employers that violate rules regarding the hiring of foreign workers include:

• a fine of not more than $50,000 for an individual in violation of the law OR imprisonment for a term of not more than one year OR both;
• a fine of not more than $100,000 for a corporation in violation of the law; and
• the minister publicly listing the name of the violator, a description of the offence, and the person’s sentence and date of sentencing;

If a court convicts a person of an offence, the court may require the individual to comply with the provision that they violated. If a court finds that any person acquired monetary benefits in relation to their violation, the court may:

• order the convicted person to pay an additional fine in an amount equal to the amount of the monetary benefits;
• order the convicted person to pay compensation or make restitution to any person to whom the monetary benefits should be paid; or
• both of the above.

In Canada (nationally), penalties for employers that violate rules regarding the hiring of foreign workers include:

• warnings;
• financial penalties ranging from C$500 to C$100,000 per violation up to an annual maximum C$1 million per employer;
• a ban of one, two, five or 10 years or permanent bans for the most serious violations, and
• publication of the employer’s name on a public list with details of violations and sanctions.

Reference Citations

Visas and Work Permits: The Foreign Worker Recruitment and Immigration Services Act, SS 2013, ch. F-18.1; Recruit and Hire Foreign Workers in Saskatchewan; International Skilled Worker: Procedures and Guidelines; Saskatchewan Experience Categories: Procedures and Guidelines

Penalties: The Foreign Worker Recruitment and Immigration Services Act, SS 2013, ch. F-18.1, § 40; Hire a worker without an LMIA: penalties for employers

Nondiscrimination

In General

Employers under provincial jurisdiction in Saskatchewan may not discriminate in making decisions concerning an employee’s hiring, career, pay, or termination based on religion, creed, marital status, family status, sex, sexual orientation, gender identity, disability, age, color, ancestry, nationality, place of origin, race or perceived race, and receipt of public assistance.

Employees may file a complaint with the Saskatchewan Human Rights Commission if they believe they have been discriminated against. Once a complaint is filed, the Commission will assist with pre-complaint resolution, which ultimately may either resolve the complaint or lead to further steps in the process such as mediation and settlement, investigation, hearings, and/or further adjudication.

Harassment. The Saskatchewan Employment Act defines three types of harassment:

• harassment based on prohibited grounds;
• personal harassment; or
• sexual harassment.

Who is considered a “worker” has been expanded in the definition of harassment to include students, volunteers, and independent contractors.

Disability Discrimination

Under the Saskatchewan Human Rights Code, “disability” means any degree of physical disability, infirmity, malformation or disfigurement and includes but is not limited to: epilepsy, any degree of paralysis, amputation, lack of physical coordination, blindness or visual impediment, deafness or hearing impediment, muteness or speech impediment or physical reliance on a service animal, wheelchair or other remedial appliance or device. It also includes intellectual disability or impairment, learning disability and mental disorders.

Pay Discrimination

Employers cannot pay employees differently for performing similar work based solely on the employee’s sex or on the basis of any of the other prohibited grounds. Similar work is considered to be work that is performed for the employer in the same workplace under similar working conditions and the performance of which requires similar skill, effort and responsibility.

Employers found guilty of pay discrimination may not reduce the wages of better paid employees to comply with employment standards but must raise the wages of less well paid employees. Employers can pay their employees differently if the difference is based on the employee’s seniority or on a merit system.

Reference Citations

Nondiscrimination: The Saskatchewan Human Rights Code, S.S. 1979, ch. S-24.1 § 16, 25; Road to Resolution: The Complaint Process

Harassment: The Saskatchewan Employment Act, S.S. 2013, ch. S-15.1, § 3-1(l); Bullying and Harassment in the Workplace

Disability Discrimination: The Saskatchewan Human Rights Code, S.S. 1979, ch. S-24.1 § 2(1)(d.1)

Pay Discrimination: The Saskatchewan Employment Act, S.S. 2013, ch. S-15.1, § 2-21

Employee Privacy

Employee Data

Collection, use and disclosure of the personal information of employees is regulated by different statutes. Saskatchewan does not have private-sector privacy legislation but is guided by the federal Personal Information Protection and Electronic Documents Act. For more information on employee data privacy, see HR Primer: Canada.

Employee Monitoring and Surveillance

Monitoring and surveillance of employees is regulated by different statutes. Saskatchewan does not have private-sector privacy legislation but is guided by the federal Personal Information Protection and Electronic Documents Act. For more information on employee monitoring and surveillance, see HR Primer: Canada.

Reference Citations

Employee Data: Personal Information Protection and Electronic Documents Act S.C. 2000, ch. 5

Employee Monitoring and Surveillance: Personal Information Protection and Electronic Documents Act S.C. 2000, ch. 5

Compensation

Hours of Work

Unless there is an emergency, an employee cannot be required to work more than 44 hours per week and cannot be disciplined for declining to work more than 44 hours per week.

An employee is entitled to a 30-minute unpaid meal break after every five hours of work. Unless there is an emergency, employees must receive eight hours of consecutive rest in a 24-hour period. Employees who usually work a minimum of 20 hours a week are entitled to receive 24 consecutive hours away from work. In the retail industry, however, employees are entitled to 48 consecutive hours away from work, and, when possible, one of the rest days should be a Saturday or a Sunday.

Minimum Wage

From Oct. 1, 2023, the minimum hourly wage in Saskatchewan is C$14. On Oct. 1, 2024, the rate will rise to C$15 per hour.

When called to report to work in an on-call fashion, employees are entitled to a minimum of three hours’ wages (called duty pay) every time they are called to work regardless of how little time they spend working.

Under the Canada Labor Code, the minimum wage established by the province in which a federally regulated employee works is the minimum wage applicable to that employee.

Overtime

Overtime must be paid at 1.5 times the employee’s hourly wage. Generally, employees qualify for overtime when they have worked more than 40 hours in a week. In a week with a public holiday, however, employees qualify for overtime after 32 hours worked.

Employees also qualify for overtime when they have worked more than eight hours in a day if their normal work schedule is based on five eight-hour workdays in a week or when they have worked more than 10 hours in a day if their normal work schedule is based on four 10-hour workdays in a week. Employees who work less than 30 hours per week qualify for overtime after eight consecutive hours worked.

Overtime banks. Employers can allow employees to bank overtime hours in exchange for days off with regular pay at a later date. For every overtime hour worked, 1.5 hours must be banked. Overtime bank agreements must be in writing and signed by both employer and employee. Additionally, both parties must receive a copy of the agreement and the employer must retain the original. Days added to the overtime bank must be used within 12 months of being earned and, if not taken, paid out to the employee at the employee’s current hourly wage.

Wage Payment

Employees must be paid monthly, semimonthly or every 14 days. Employers are required to maintain payroll records and must pay employees within six days of the payroll cut off. Terminated employees must be paid within 14 days of termination.

Employers may only make deductions from an employee’s pay that are:

• required by law (e.g., income tax legislation),
• employee contributions to pension plans or registered retirement savings plans;
• employee contributions to other benefit plans;
• charitable donations voluntarily made by the employee;
• voluntary contributions by the employee to savings plans or the purchase of bonds;
• initiation fees, dues and assessments to a union that is the bargaining agent for the employee; or
• voluntary employee purchases from the employer of any goods, services or merchandise.

Mandatory Bonuses

There are no provisions governing bonuses in the Saskatchewan Employment Act.

Reference Citations

Hours of Work: The Saskatchewan Employment Act, S.S. 2013, ch. S-15.1, §§ 2-12 - 2-14; Two Days’ Rest in Seven Permit

Minimum Wage: The Saskatchewan Employment Act, S.S. 2013, ch. S-15.1, § 2-16; Minimum Wage and Reporting for Duty Pay

Overtime: The Saskatchewan Employment Act, S.S. 2013, ch. S-15.1, §§ 2-17 - 2-18

Overtime Banks: Overtime Banks

Wage Payment: The Saskatchewan Employment Act, S.S. 2013, ch. S-15.1, §§ 2-33 - 2-36

Benefits

Vacation

Employees in Saskatchewan who have completed one full year of service are entitled to a minimum three weeks’ annual paid vacation. Employees who have completed 10 years of work with the same employer receive a minimum of four weeks’ vacation.

Vacation pay is determined by an employee’s wages within a 12-month period. During the first nine years of employment, wages within a 12-month period are multiplied by 5.77 percent (three fifty‑seconds of the employee’s wages for the year). In the 10th and subsequent years of employment, wages within a 12-month period are multiplied by 7.69 percent (four fifty‑seconds of the employee’s wages for the year).

Vacation can be taken all at once or incrementally. If one or more public holidays occur during the period of any vacation that an employee has been permitted by the employer to take:

• the period of that vacation must be increased by one working day with respect to each public holiday and
• the employer must pay to the employee, in addition to the vacation pay that the employee is entitled to receive, the wages that the employee is entitled to be paid for each public holiday.

Upon termination of employment the employee is entitled to be paid for any unused leave within 14 days after the day on which the employment ends.

Holidays

Employees are entitled to 10 paid holidays:

• New Year’s Day
• Family Day
• Good Friday
• Victoria Day
• Canada Day
• Saskatchewan Day
• Labor Day
• Thanksgiving Day
• Remembrance Day
• Christmas Day

Employees earn public holiday pay equal to 5 percent of their wages in the four weeks (28 days) before the public holiday, not including overtime, bonuses and gratuities.

Employees required to work on a public holiday are entitled to be paid 1.5 times their regular rate of wages in addition to their public holiday pay.

Maternity Leave

Pregnant employees who have worked at least 13 consecutive weeks for their employer are entitled to up to 19 weeks of unpaid maternity leave. Following maternity leave employees also may be eligible for an additional 59 weeks of unpaid parental leave.

Employees are required to give their employer four weeks’ written notice before leave begins. Employers may require a certificate from a doctor or nurse practitioner including the reason for the leave and any extension, often including an estimated date of return to work. The maternity leave can begin at any time during the period of 13 weeks preceding the estimated date of birth and no later than the date of birth.

If the actual date of birth is later than the estimated date of birth, the employee is entitled to not less than six weeks’ leave after the actual date of birth. Employees may extend the leave for a further six weeks if they are unable for medical reasons to return to work after the expiration of the maternity leave.

Employers cannot take discriminatory action against an employee if she is:

• pregnant or temporarily disabled because of pregnancy;
• applies for, or takes, an employment leave or is otherwise absent from the workplace; or
• requests a modification of the employee’s duties or a reassignment to other duties because of the pregnancy.

An employee is entitled to return to the same job if the maternity leave is for 60 days or less. If the leave is longer than 60 days, the employee can be reinstated to a comparable job. The employee must receive at least the same wage and benefits as before the leave.

An employee whose pregnancy terminates on a date not more than 13 weeks before the estimated date of birth due to a miscarriage or a stillbirth may take maternity leave.

Paternity Leave

There is no legal entitlement to paternity leave, although a father may be eligible for up to 71 weeks of unpaid parental leave.

Sick Leave

The Employment Act provides job protection to employees who are absent from work due to illness or injury or are absent due to the illness or injury of an immediate family member who is dependent on the employee. Employers are not required to pay employees who are away on sick leave.

Employees must have worked for the employer for at least 13 weeks and may be required to produce a doctor’s note in order to be eligible for the leave.

Employees are eligible for:

• a total of 12 days in a calendar year if the illness or injury is not serious,
• 12 weeks in a period of 52 weeks if the illness or injury is serious, or
• 26 weeks in a period of 52 weeks if the employee is receiving benefits under the Workers’ Compensation Act.

Other Leave

Adoption leave. An employee who is an adopted child’s primary caregiver is entitled to up to 19 weeks of unpaid adoption leave, which commences on the day the child comes into the employee’s care or becomes available for adoption. An employee intending to take adoption leave must give his or her employer at least four weeks’ written notice. To qualify for the leave, employees must have worked at least 13 consecutive weeks for their employer.

Parental leave. In addition to maternity and adoption leave, a birth parent or primary caregiver is eligible for 59 weeks of parental leave. Parents who did not take maternity leave or adoption leave are eligible for up to 71 weeks. To qualify for the leave, employees must have worked at least 13 consecutive weeks for their employer.

When a parent taking maternity or adoption leave also takes parental leave, the parental leave must be taken consecutively with the maternity or adoption leave. For a parent who does not take maternity leave, the parental leave can be taken in the period up to 13 weeks before the estimated date of birth but before 78 weeks after the actual date of birth.

Upon returning, an employee is entitled to return to the same job if the employment leave is for 60 days or less. If the leave is longer than 60 days, the employee can be reinstated to a comparable job. The employee must receive at least the same wage and benefits as before the leave.

Bereavement leave. When a member of an employee’s immediate family dies, an employee, with at least 13 weeks of employment with an employer, is entitled to bereavement leave. The leave can be for up to five days, and must be taken within the period beginning one week before and ending one week after the funeral relating to the death to which the leave is granted.

Compassionate care leave. Employees who need to provide care or support to a family member who is gravely ill and has a significant risk of death within 26 weeks are entitled to up to 28 weeks’ unpaid leave.

Covid-19 update (Effective March 18, 2021): Covid-19 leave. Employees may take three consecutive hours of paid leave during the workday to receive a Covid-19 vaccination. Workers are entitled to more than three consecutive hours if the employer determines the circumstances warrant a longer break from work.

Crime-related child death or disappearance. Crime-related child death or disappearance leave is unpaid, job-protected leave of up to 104 weeks, with specific requirements for different durations of leave. A parent with at least 13 weeks of employment service is entitled to this leave if their child has disappeared or died due to a crime-related incident.

Critically ill child care leave. Parents who need to provide care or support to a critically ill or injured child are entitled to up to 37 weeks of unpaid leave. Parents who take critically ill child care leave may be entitled to employment insurance benefits. To qualify for the leave, employees must have worked at least 13 consecutive weeks for their employer. An employee who takes critically ill child leave for less than 60 days is entitled to return to his or her previous job. If leave lasts more than 60 days, an employer must provide the employee with a comparable job, though not necessarily the original one, and ensure the employee receives the same wage and benefits enjoyed prior to leave. Seniority accrues at a normal rate during leave.

Critically ill adult care leave. Critically-ill adult leave is an unpaid, job protected leave of up to 17 weeks to care for an adult family member who is critically ill or injured. An employee must have worked with the employer for at least 13 weeks to be eligible for this leave.

Organ donation leave. An employee who donates an organ to another person is entitled to up 26 weeks of organ donation leave. An employee who takes organ donation leave for less than 60 days is entitled to return to his or her previous job. If leave lasts more than 60 days, an employer must provide the employee with a comparable job, though not necessarily the original one, and ensure the employee receives the same wage and benefits enjoyed prior to leave. Seniority accrues at a normal rate during leave. To qualify for the leave, employees must have worked at least 13 consecutive weeks for their employer.

Leave for reservists. Employees who are reservists and required to deploy to an international or domestic operation are entitled to reserve force service leave. This is unpaid leave and an employee is entitled to a reasonable period of leave for the employee’s period of service with the reserve force. The employee must give four weeks’ written notice of the date leave will begin and the approximate deployment time. If this is not possible, notice must be given as soon as possible. To qualify for the leave, employees must have worked at least 13 consecutive weeks for their employer.

Leave for citizenship ceremony. Employees who are new Canadian citizens are eligible for one day of leave to attend a ceremony to receive their certificate of Canadian citizenship. To qualify for the leave, employees must have worked at least 13 consecutive weeks for their employer.

Public health emergency leave. Employees are entitled to unpaid, job-protected leave if:

• they are ordered by their employer, the government, their doctor, or the chief medical health officer of the province to isolate themselves; or
• if they are required to care for their child or family member whose schools have closed or who have otherwise been directed to isolate themselves.

Public office leave. An employee who holds or is seeking to hold public office is entitled to public office leave. This is unpaid leave, and leave entitlements vary for candidates (reasonable period) and elected officials (the amount of time necessary).

To qualify for the leave, employees must have worked at least 13 consecutive weeks for their employer. An employee who takes public office leave for less than 60 days is entitled to return to his or her previous job. If leave lasts more than 60 days, an employer must provide the employee with a comparable job, though not necessarily the original one, and ensure the employee receives the same wage and benefits enjoyed prior to leave. Seniority accrues at a normal rate during leave.

Interpersonal violence leave. Employees are entitled to 10 days of unpaid leave per 52-week period if they are the victim of interpersonal violence or sexual violence and require time off work to:

• seek medical attention;
• obtain services from a victims services organization;
• obtain psychological or other professional services;
• relocate, either temporarily or permanently; or
• seek legal or law enforcement assistance and attend court appearances.

Employees must have worked at least 13 consecutive weeks for their employer and be able to provide evidence of the services being received, if requested. Employers are required to keep personal information confidential.

Pensions and Social Security

Employees in Saskatchewan are covered by the federal Canada Pension Plan, regardless of whether they work in industries under federal or provincial jurisdiction.

For more information on coverage and benefits under the Canada Pension Plan, see HR Primer: Canada.

Workers’ Compensation

Employees who suffer a work-related injury or illness are compensated for lost wages by the Workers’ Compensation Board. The board also pays for medical care and rehabilitation of employees.

All employers in Saskatchewan are required to make payments into the workers’ compensation fund. The size of the payments is largely determined by the number of the employer’s employees in Saskatchewan, the type of industry the employer is engaged in and its individual experience rating.

Reference Citations

Vacation: The Saskatchewan Employment Act, S.S. 2013, ch. S-15.1, §§ 2-24 - 2-29

Holidays: The Saskatchewan Employment Act, S.S. 2013, ch. S-15.1, §§ 2-30 - 2-32: Employment Standards Regulations, 2014, Chapter S-15.1 Reg 5, as amended, § 29

Maternity Leave: The Saskatchewan Employment Act, S.S. 2013, ch. S-15.1, §§ 2-49 - 2-50; Family Leaves; Requirements for All Leaves

Parental Leave: The Saskatchewan Employment Act, S.S. 2013, ch. S-15.1, § 2-51

Sick Leave: The Saskatchewan Employment Act, S.S. 2013, ch. S-15.1, § 2-40

Other Leave: The Saskatchewan Employment Act, S.S. 2013, ch. S-15.1, §§ 2-52 - 2-58; The Saskatchewan Employment (Support for Victims of Domestic Violence) Amendment Act; Family Leaves; Covid-19 Information for Businesses and Workers

Pensions and Social Security: Canada Pension Plan, R.S.C. 1985, ch. C-8

Workers’ Compensation: The Workers’ Compensation Act, 2013, S.S. 2013, ch. W-17.11, §§ 66-68

Labor Relations

In General

Under the constitution and various labor laws, Canadian employees have the right to form and join unions, to bargain collectively, and to strike. The Saskatchewan Employment Act was recently amended, allowing supervisory employees (in addition to nonsupervisory employees) to have access to collective bargaining, whereas previously they were presumptively excluded from bargaining units that included employees they supervise.

Right to Organize

Saskatchewan, like the rest of the Canadian jurisdictions, has a labor relations system in which collective bargaining generally takes place between a single employer and the union recognized as the certified bargaining agent for a group of its employees.

A union may be certified as the exclusive bargaining agent of a group of employees by the Saskatchewan Labor Relations Board. During an organizing drive, workers will sign cards applying for membership in the union and authorizing the union to represent them in negotiations. If at least 45 percent of the workers within the 90 days preceding the date of the application indicate that the applicant union is their choice of bargaining agent and the union submits evidence of this, the board will hold a secret ballot, and if the majority of workers who cast ballots vote to unionize, the union is certified. The union and employer will then meet within 20 days (or an agreed upon time) to commence collective bargaining on the first collective agreements.

The employer and the union must negotiate in good faith to conclude a collective agreement. A collective agreement must have a term of at least one year and will continue in force indefinitely unless the employer and the union agree to revise or replace it. Strikes and lockouts are prohibited during the term of a collective agreement.

An employer may have more than one union at its workplace representing different groups of employees and therefore more than one collective bargaining agreement.

Works Councils

Saskatchewan’s labor code does not address works councils.

Dispute Resolution

The Labor Relations Board has the power to issue legally binding decisions on the certification of unions as exclusive bargaining agents, on unfair labor practice complaints, on complaints of bargaining in bad faith, on successor rights and on complaints of illegal strikes and lockouts.

While the collective agreement is in force, all disputes regarding its interpretation or application are resolved through binding arbitration. On the expiration of an agreement, the parties must bargain for a new agreement. If the parties reach an impasse and are unable to negotiate a new agreement, they must notify the Saskatchewan minister of labor and participate in mediation or conciliation before resorting to a strike or a lockout.

Strikes and Lockouts

Strikes and lockouts can be legally conducted only after a collective agreement has expired and a new agreement has not been reached through good faith bargaining, mediation or conciliation. If an agreement cannot be reached, the minister of labor will call for a 14-day cooling off period after which a strike or lockout may be initiated.

Before initiating a strike, the union must take a vote by secret ballot to determine if a majority of members approve. Following member approval, the union must give the employer and the labor ministry at least 48 hours’ written notice of the date and time the strike will begin. For its part, the employer must give the union and the ministry the same 48 hours’ written notice before initiating a lockout.

Successorship Clauses

Provincial and federal labor legislation contain successorship provisions that govern the sale or transfer of a business. When a business or part of a business is sold, leased, transferred or otherwise disposed of, the new owner is bound by any collective agreement entered into by the previous owner. Successorship operates as a matter of law and automatically takes effect at the time of the disposition.

Reference Citations

Right to Organize: The Saskatchewan Employment Act, S.S. 2013, ch. S-15.1, §§ 6-4, 6-9, 6-13, 6-30, 6-39

Dispute Resolution: The Saskatchewan Employment Act, S.S. 2013, ch. S-15.1, §§ 6-45 - 6-47

Strikes and Lockouts: The Saskatchewan Employment Act, S.S. 2013, ch. S-15.1, §§ 6-30 - 6-37; Strikes and Lockouts

Successorship Clauses: The Saskatchewan Employment Act, S.S. 2013, ch. S-15.1, § 6-18

Safety, Health and Security

In General

Under the Employment Act and the Occupational Health and Safety Regulations, employers have a general duty to ensure so far as reasonably practicable the health and safety at work of all their employees and to provide a safe working environment, including one free of harassment.

Workplace Safety and Health

Employers must have a copy of the Employment Act and the Occupational Health and Safety Regulations readily available to workers and management. Employers are also responsible for ensuring that managers and supervisors are trained, supported and held accountable for fulfilling their workplace health and safety obligations.

Employers are legally required to set up and maintain an occupational health committee at workplaces with 10 or more workers. If a workplace has between five and nine workers, the employer is required to appoint an occupational health and safety representative. All occupational health and safety representative meeting minutes must be filed and made readily available to an occupational health and safety investigator if requested. It is important for employers to cooperate with the occupational health and safety committee or representative to resolve health and safety issues in a timely fashion.

Drug and Alcohol Use

The employer obligation to maintain a safe workplace includes performing drug and alcohol testing of employees who work in safety-sensitive positions. When and under what circumstances drug and alcohol testing is allowed can be a complex matter. The rules in Saskatchewan are generally similar to other jurisdictions in Canada.

Testing is generally permissible where:

• a position is safety-sensitive,
• for cause (reasonable suspicion testing), or
• Testing is part of a return-to-work program which also recognizes that relapse is common and a part of the dependence disability.

Employees may be subject to discipline for being at work while impaired by drugs or alcohol. An addiction to drugs or alcohol is considered a disability and triggers the employer’s duty to accommodate the employee up to the point of undue hardship.

Reference Citations

Workplace Safety and Health: The Saskatchewan Employment Act, S.S. 2013, ch. S-15.1, Part III § 63-8, 3-22, 3-24, 3-27; Duties of Employers; Occupational Health and Safety Representatives

Drug and Alcohol Use: The Saskatchewan Human Rights Code, SS 1979, c S-24.1; The Saskatchewan Human Rights Commission’ Drug & Alcohol Testing – A General Guide

Termination

Termination by Employer

The Employment Act provides for minimum notice-of-termination periods ranging from one to eight weeks depending on the length of service for employees who have been employed for 13 consecutive weeks or more.

An employer must provide prior written notice to an employee before a termination occurs unless the employer has just cause to dismiss the employee. If adequate notice is not provided, pay instead of notice is required.

Termination by Employee

The Employment Act requires employees with 13 or more weeks of service to give their employers at least two weeks’ notice before quitting.

Plant Closings and Mass Layoffs

A group termination takes place when an employer terminates 10 or more employees at one place of employment in a four-week period. This includes situations where employees are laid off for 26 weeks or more or with no recall date. Additional notice is required for group terminations ranging from four weeks if 10 to 49 employees are terminated to eight weeks if 50 to 99 employees are terminated and 12 weeks if 100 or more employees are terminated. These group termination requirements are in addition to the employer’s obligations to provide notice of termination or pay in lieu of notice, although the notice periods may run concurrently with individual notice periods.

The employer must also provide written notice to the minister of labor, each employee whose employment will be terminated and any trade union representing affected employees. The notice must indicate the number of employees to be terminated, the effective date or dates of their terminations and the reason for the terminations.

Payment on Termination

In addition to any pay in lieu of notice owed, an employee is entitled on termination to payment for any vacation accrued but not taken.

Unemployment Insurance

The federal Employment Insurance Act applies to all employees in Canada and provides benefits to temporarily unemployed workers and to employees taking maternity, paternity or parental leave. Employees must generally have worked from 420 to 700 hours in the year preceding the claim to be eligible for unemployment insurance benefits.

For more information on unemployment insurance, see HR Primer: Canada

Reference Citations

Termination by Employer: The Saskatchewan Employment Act, S.S. 2013, ch. S-15.1, § 2-60 - 2-21

Termination by Employee: The Saskatchewan Employment Act, S.S. 2013, ch. S-15.1, § 2-63

Plant Closings and Mass Layoffs: The Saskatchewan Employment Act, S.S. 2013, ch. S-15.1, § 2-62; Employment Standards Regulations, S-15.1 Reg 5 §31; Group Layoff or Termination

Payment on Termination: The Saskatchewan Employment Act, S.S. 2013, ch. S-15.1, § 2-61

Unemployment Insurance: Employment Insurance Act, S.C. 1996, ch. 23

Personal Taxes

Residency Requirements

An individual is considered a resident for tax purposes if he or she has residential ties in Canada.

For more information on residency requirements, see HR Primer: Canada

Taxable Income

Individuals resident in Canada during a tax year are subject to Canadian income tax on their worldwide income from all sources. A nonresident is generally only subject to Canadian tax on income from Canadian sources.

Tax Rates

There are three bands for the taxation of general income in Saskatchewan, ranging from 10.5 percent to 14.5 percent.

For more information on tax rates, see HR Primer: Canada

Reference Citations

Residency Requirements: Determining Your Residency Status, Canada Revenue Agency

Taxable Income: The Income Tax Act, 2000, S.S. 2000, ch. I-2.01, § 7

Tax Rates: 2023 Personal Income Tax Structure

Web References

Law and Regulation

The Saskatchewan Employment Act

Law and Regulation CanLII (Saskatchewan and federal statutes and regulations)

Queen’s Printer, Government of Saskatchewan (Saskatchewan statutes and regulations)

Government Websites and Publications

Immigration and Citizenship Canada

Human Rights Commission

Immigrant Nominee Program

Labor Relations Board

Ministry of Labour Relations and Workplace Safety

Service Canada

Workers’ Compensation Board