The Saskatchewan Employment Act applies to most Saskatchewan employees and employers in the restaurant and food services industry, no matter how many hours employees work. This includes full-time, part-time, temporary, seasonal, and casual employees. It also covers salaried employees and managers.
Businesses in which only family members are employed are exempt. However, if the family business hires a non-family member, employment standards would then apply to all employees, including family members. Please see Who is and is not Covered under Saskatchewan's Employment Standards for more information.
The Saskatchewan Employment Act sets standards for the retail industry with regards to:
- Overtime;
- Payment of wages;
- Annual vacations;
- Public holidays;
- Minimum wage and reporting for duty pay;
- Leaves and absences;
- Meal breaks;
- Discharging and laying-off employees;
- Work Schedules and time away from work; and
- Absence due to sickness and injury.
For more information about the specific employment standards, please visit Employment Standards.
Special Provisions
Minimum Age of Employment
The minimum age of employment in Saskatchewan is 16 years of age. Fourteen- and 15-year-olds can work if they have both:
- The written consent of a parent or guardian; and
- A Certificate of Completion from the Young Workers Readiness Certificate Course.
Fourteen- and 15-year-olds cannot work:
- More than 16 hours a week in which school is in session;
- After 10 p.m. on an evening before a school day; and
- Before school begins on a school day.
These restrictions apply in any week in which school is in session. Hours of work restrictions does not apply during school holidays and extended breaks from schools.
Minimum Reporting for Duty Pay (Minimum Call Out)
Most employees get a minimum amount of pay every time they report for work (other than overtime) as their employer requires. They must get this minimum payment when they report to work, even if it turns out there is no work for them. Employers are to pay employees who report to work for a minimum of three hours of work at the employee's hourly wage. If an employee works less than three hours, the employer is still required to pay the employee for a minimum of three hours of work at the employee's hourly wage.
Certain employees are to be paid for a minimum of one hour of work at the employee's hourly wage each time they must report to work. For example, this one-hour rule applies to students (up to grade 12) in regular attendance during the school term. The three-hour minimum call-out pay rule applies when students are working during breaks between school terms.
Split Shifts
In the restaurant and food services industry, only two shifts per day are permitted. Those shifts must be confined to a twelve-hour period. If the first shift starts at 7:00 a.m., the second shift must end no later than 7:00 p.m.
Breaks
Coffee and rest breaks are provided at the discretion of the employer. Where provided they must be paid.
Most employees who work six hours or more get an unpaid meal break of at least 30 minutes within the first five hours of work. Employees do not have to be paid for meal breaks unless they must work or be at the employer's disposal during the break.
A server on a meal break who is expected to serve customers is at the employer's disposal and must be paid.
Transportation Home
Employers in the restaurant and food service industry must provide employees who finish work between 12:30 a.m. and 7:00 a.m. with free transportation to the employee's place of residence.
Uniforms
If the employer requires their employees to wear uniforms, the employer is responsible for supplying, laundering, and repairing the uniform free of charge.
A "uniform" is special clothing associated with the business - such as a hat, golf shirt, or jacket with the business name or logo on it.
Ordinary clothing that an employee must wear on the job - such as a dark skirt or pants and a white shirt without the business name or logo on it - is not a "uniform" and the employer does not have to pay for it or take care of it.