Employment Standards

Eligibility Criteria

Eligible Activities

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Summary

In carrying out its mandate, the Employment Standards Branch provides factual information to the public through telephone contact, office interviews, information sessions, routine inspections and distribution of Departmental literature.

For specific information on the Employment Standards, or for an electronic copy of the Guide to Employment Standards, contact the address listed below, or visit : http://www.gov.pe.ca/infopei/Government/GovInfo/Employment/Workplace_Issues_and_Supports/Employment_Standards/

Frequently Asked Questions

1. What is the minimum wage?

Information about the current minimum wage can be obtained from the following site.

2. What are the statutory holidays?

New Years Day, Good Friday, Canada Day, Labour Day, Remembrance Day and Christmas Day

3. How does an employee qualify to be paid for a statutory holiday?

An employee must be working with the company for 30 calendar days prior to the holiday, earn wages on 15 of the 30 days prior to the holiday and work his/her last scheduled shift before the holiday and first scheduled shift after the holiday. All three criteria must be met in order to qualify.

4. How much vacation does an employee earn?

Vacation pay is paid at the rate of 4% of your gross earnings. After one year's continuous service with a company, the employee is entitled to two weeks vacation.

5. If an employee leaves a position, does he/she still receive vacation pay?

Yes, if an employee leaves a position voluntarily or involuntarily, he/she still receives any vacation pay owing based on 4% of gross earnings.

6. How much notice must an employee give to leave a position?

The first six months of employment is considered probationary and the employee may leave at any time without notice. If he/she is employed with a company between six months and five years, one week's notice in writing is required. If he/she is employed with a company more than five years, two week's notice in writing is required.

7. How much notice must a company give to terminate employment?

The first six months of employment is considered probationary and the company may terminate employment at any time without notice. If the employee is employed with a company between six months and five years, two week’s notice or pay in lieu of notice is required unless terminated for just cause. If the employee is employed with a company between five years and ten years, four week’s notice or pay in lieu of notice is required unless terminated for just cause. If the employee is employed with a company between ten and fifteen years, six week’s notice or pay in lieu of notice is required unless terminated for just cause. If the employee is employed with a company for more than fifteen years, eight week’s notice or pay in lieu of notice is required unless terminated for just cause.

8. If an employees leaves a position voluntarily or involuntarily, should he/she receive severance pay?

There are no legislative provisions for severance pay.

9. Is an employee entitled to sick days?

After six months continuous service with a company, an employee is entitled to three days unpaid sick leave per year. If the three days are taken consecutively, upon request, the employee must provide a medical certificate from a doctor.

10. What breaks are employees entitled to?

An employee is entitled to one 30 minute unpaid break for every five hours worked. "Coffee breaks" or "smoke breaks" are not provided for under the Employment Standards Act.

11. When is an employee eligible for overtime?

In most positions, the standard work week is 48 hours after which the employee is eligible for time and one-half the regular rate of pay. Certain industries have exemptions to the standard work week. Please refer to the Standard Work Week Exemption Order.

12. When must the employer provide a final cheque and record of employment?

The employer must provide payment for all outstanding wages and benefits not later than the last day of the next pay period after termination of employment.Records of Employment are not covered under the Employment Standards Act as they are the responsibility of Human Resources Development Canada (HRDC).

13. Are all employers required to provide compassionate leave?

Yes, if the employee meets all conditions outlined in the PEI Employment Standards Act.

Prince Edward Island Contact(s):
Mr. Robert Yeo
Chief Labour Standards Officer
Community and Cultural Affairs
Fourth Floor
Shaw Building
95 Rochford Street
P.O. Box 2000
Charlottetown, Prince Edward Island  C1A 7N8
Telephone: 902-368-5552
Fax: 902-368-5476