Authorization to Vary Youth Employment Rules Application for a Permit Under The Conditions of Employment Regulations Section 9.5
1. Introduction The Saskatchewan Employment Act and regulations sets the minimum employment standards in most Saskatchewan workplaces. Since rules cannot be made to fit every circumstance, certain variances (sometimes called permits) are allowed, provided the appropriate permission is obtained. For more information on applying for permits, see Permits and Variances. The Director of Employment Standards can approve, reject, revoke or alter permits at any time and for any lawful reason. The Director will generally approve a permit if it meets all of the criteria listed on the application. However, each application is dealt with on a case-by-case basis.
2. Authorization to Vary Youth Employment Rules a) Description: The Conditions of Employment Regulations set the conditions under which youth can be employed in Saskatchewan. For the purposes of the Regulations, ‘youth’ is defined as a person who is 14 years of age or older, but less than 16 years of age. In Saskatchewan, the minimum age of employment 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 Worker Readiness Certificate Course. The Regulations also require that no youth: • will work past 10:00 p.m. on the day preceding a school day; • before classes begin on a school day; and • more than 16 hours in a week in which school is in session. Youth, 14 and 15 years old who meet the above conditions for employment do not require a Director’s Authorization. This Authorization allows these youth employment rules to be varied only if the parent, employer and youth all agree to the application and the Director of Employment Standards approves it.
b) Example: The Director may issue a permit to specifically allow: • a youth to work more than 16 hours in a week during which school is in session; • a youth to work past 10:00 p.m. on a day preceding a school day; • subject to The Education Act, 1995, a youth to work during the hours the school is operating; • a youth to work without having completed the Young Worker Readiness Certificate Course and obtaining a Certificate of Completion; or saskatchewan.ca | 1.800.667.1783 | Page 1
• an employer to employ a youth under the age of 14 years. Please note that the Director gives this specific variation significant consideration before giving an authorization.
c) Special Considerations: The Director of Employment Standards will consider the following factors before granting this permit. The Director has ruled that an Authorization to Vary Youth Employment Rules will not be issued if: • the youth’s education could be compromised if a permit was issued. Education is always a priority when considering any request for a variation to the minimum age of employment rules; • the type of workplace and the work conditions are considered harmful to the youth’s health, safety and well being; • all three parties - the youth, parent or guardian and employer - have not agreed to the permit. All three must sign the form to show that they agree to the application; • the employer has an active complaint on file with the Employment Standards Division; the employer has received a notice of contravention from the Occupational Health and Safety Division in the last two years; • the employer has no plan in place for a properly trained adult supervisor to be continuously present within sight and earshot of the youth employee; and/or • the employment requested is age restricted under a law listed in Appendix 1.
3. Applying for the authorization/permit The application for the Authorization to Vary the Youth Employment Rules must be received from the parent. All three parties - parent, youth and employer - must show their agreement with the application by completing their section and signing it. If approved, the permit will be issued to the employer.
Instructions for completing the form: a. The employer completes SECTION A of the application form b. The youth and parent or legal guardian review the application, complete SECTION B and SECTION C and submit (mail or fax) the completed application form to: Employment Standards Division Ministry of Labour Relations and Workplace Safety 300 - 1870 Albert Street Regina, Saskatchewan S4P 4W1 Fax: 306.787.4780 c. The application should arrive well before the date that the youth will start work. The Director requires this time to review the application and to investigate the work arrangement and any related issues before granting the Authorization. Applications will also be required in situations where the youth is already employed and the employer wishes to change that youth’s hours of work to have him/her work: • more than 16 hours in a week in which school is in session; • before school begins on a school day; or • after 10 p.m. on a day prior to a school day. saskatchewan.ca | 1.800.667.1783 | Page 2
4. Approving the Permit Upon receipt of the application, the Director reviews it and may request additional information or clarification. For example, the Director may ask for a meeting with one of the three parties or request that all three parties meet with an authorized Ministerial official at the proposed work place. The Director will notify all three parties of the decision as soon as possible after receiving and reviewing the application. If the decision is to issue a permit, the permit will be sent to the employer who is responsible for the permit’s safekeeping and making it available for inspection.
5. Agreement between the employer, youth and parent or guardian Before the Director will consider any parent or guardian’s permit application, the youth and employer must agree to the application. No one can submit a permit application without the knowledge and approval of the others.
6. The permit must be approved before the employer can implement the permit Even if everyone involved in a permit application agrees, the request to vary the rules cannot be put into effect until the Director approves the application and the employer has received the permit or variance. For example, an employer who has applied for permission to employ a youth under 14 cannot hire the youth until the Director formally approves the employment application.
7. Parent or guardian written consent obtained before the youth can work An employer must receive the written permission of a young person’s parent or guardian before employing a youth worker. The consent of only one parent or guardian is required. Parents and guardians do not have to use a prescribed consent form, but they must give the employer written consent. See Minimum Age of Employment for more information about this requirement.
8. Employer requirements The Regulations require employers to keep the parental consent form, Certificate of Completion and the youth’s proof of age on file.
9. Permit limitations A permit granting an exemption to one requirement under these Regulations does not automatically grant an exemption from other requirements. For example, an employer who has a permit for a youth to work more than 16 hours in a week in which school is in session cannot use that permit to have the student work after 10:00 p.m. on a night preceding a school day. A permit cannot be automatically renewed. The employer must apply for a new permit before the current one expires.
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Appendix 1: Other Saskatchewan Legislation Containing Minimum Age of Employment Rules The Saskatchewan Employment Act The Saskatchewan Employment Act restricts employment of young people under the age of 16: • On construction sites; • In the production process at a pulp mill, sawmill or woodworking establishment; • In a production process at a smelter, foundry, refinery or metal processing or fabricating operation; • In a confined space; • In a production process in a meat, fish or poultry processing plant; • In a forestry or logging operation; • On a drilling or servicing rig; • As an operator of powered mobile equipment, crane or hoist; • Where exposure to a chemical or biological substance is likely to endanger the health or safety of the person; or • On a power line or construction maintenance. The Act also restricts employment of those under the age of 18 in these occupations: • Underground or in an open pit at a mine; • As a radiation worker; • In an asbestos process; • In a silica process; or • Where use of an atmosphere-supplying respirator is required.
The Education Act Within The Education Act 1995, young people under 16 years of age must have the permission of their principal to work during school hours.
The Alcohol and Gaming Regulation Act The Alcohol and Gaming Regulation Act restricts the age of a person who may work in the sale, handling, or service of alcohol to age 19.
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Authorization to Vary Youth Employment Rules Application Form Please print clearly and complete all sections fully.
Section A: to be completed by the employer 1. Legal Business Name 2. Operating Business Name (if different than above)
3. Mailing Address
Street Number and Name Box/Suite# City Province Postal Code
4. Employer Contact Information
Name Postion Phone Fax E-mail address (optional)
5. Name of Youth 6. Youth’s Date of Birth
Last Name First Name Middle Initial ____ / ____ / ____ Date
Month
Year
Please select from the options below: Having the youth work past 10 p.m. on the day before a school day 7. Type of Permit Requested
Having the youth work more than 16 hours in a week in which school is in session Exempting the youth from having to complete the “Young Worker Readiness Certificate Course”
Employing a youth who is under the age of 14 8. Reason for Requesting the Permit: __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ 9. Worker’s Compensation (WCB) Information WCB Account Number: _______
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WCB Industry Code: ________
10. Describe the Work that the Youth will be Performing (Alternatively, you can attache a job description to this application)
__________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ _________________________________________________________________________________________ 11. List the Tools, Equipment, and Chemical and Biological Substances that the Youth will be using: __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ 12. Adult Supervision What percentage of time will an adult be supervising the youth’s work? ____% Name of the Youth’s Adult Supervisor: ________________________________ 13. Proposed Hours of Work (If variable, describe a typical work week)
Sunday
Monday
Tuesday
Wednesday Thursday
Friday
Saturday
Start Time: End Time: Hours Worked: 14. Rate of Pay
Proposed rate of pay (per hour, day, or month) : $_______ per ________
15. Requested Permit Start Date
____ / ____ / ____
16. Labour Standards Complaint
Has the business ever had a labour standards complaint brought against it?
17. Notice of Contravention
Date
Month
Year
Yes No Has the business ever had a notice of contravention from Occupational Health and Safety?
Yes No 18. Employer Declaration I, ___________________________________________________________________________ (Print name of employer or authorized officer)
certify that the particulars herein stated are true and correct to the best of my knowledge and belief. If a permit is granted, I shall abide by its special conditions and ensure that the youth only performs the approved job duties. I further declare the work performed shall not be of a dangerous nature or detrimental to the welfare of the youth. I understand that the Director of Employment Standards retains the discretion to refuse, amend or revoke a permit, and that a permit does not affect my obligations under other legislation. _________________________________________ ________∕___________∕________ Signature
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Day
Month
Year
Section B: to be completed by the youth 1. Name:
Last Name First Name Middle Initial
2. Mailing Address:
3. Telephone: 4. Date of Birth:
Street Number and Name Box/Suite# City Province Postal Code ( ) (home) ( ) (cell) ____ / ____ / ____ Date
Month
Year
5. Young Worker Readiness Certificate Course Have you completed the “Young Worker Readiness Certificate Course”? Yes No
Section C: to be completed by the youth’s parent / guardian 1. Name:
Last Name First Name Middle Initial
2. Mailing Address:
Street Number and Name Box/Suite#
(if different than above)
City Province Postal Code 3. Telephone:
(if different than above)
(
)
-
(home) (
)
-
(cell)
4. Applican’t Declaration and Consent I, ___________________________________________________________________________ (Print name of parent or guardian)
confirm that I am the young person’s parent/guardian. I declare that I have reviewed the information contained in this application in its entirety, and on this basis, I make application on behalf of the employer and the youth. I also consent to and support this permit application. _________________________________________ ________∕___________∕________ Signature
Mail the application to: Employment Standards Division Ministry of Labour Relations and Workplace Safety 300 - 1870 Albert Street Regina, Saskatchewan S4P 4W1
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Day
Month
Year
