a) in the same establishment;

b) under similar working conditions; and,

c) requiring similar skill, effort and responsibility.

"Similar" means "resembling in many respects" or "alike", although not necessarily identical. Exceptions can be made where payment is based on a seniority or merit system.

a) Skill: The intellectual and physical abilities needed to do the work.

b) Effort: The quality and quantity of mental and/or physical activity needed to do the work. Doing different tasks occasionally should not make a difference in the rates of pay between male and female employees if they usually do similar jobs.

c) Responsibility: The importance of the assigned duties, with emphasis on things like work performed, supervision of employees, accountability for equipment, and safety.

d) Working Conditions: The conditions under which the employees do their work. This may include noise and other physical or psychological factors in the work place.

Different pay rates are allowed when based on:

a) Seniority: A wage system that applies to all employees and provides pay raises based on the length of service with the employer.

b) Merit: Wage increases based on documented performance ratings or quantity produced. All employees should be told there is such a system for determining their wages.

c) Trainee programs: If such programs are equally available to males and females, and lead to their career advancement when completed.

The Labour Standards Branch investigates all equal pay complaints. If the complaint cannot be settled, it may be referred to the Saskatchewan Human Rights Commission.

Employers must apply to the Director of Labour Standards for permission to deviate from the rules, or obtain the written agreement of the trade union representing the affected employees. The following authorizations or permits under The Labour Standards Act are available:

A. Averaging of hours permit (sections 7 and 9). This permit allows an employer to average the hours of work of an employee or group of employees work over a period of weeks, rather than be limited to eight hours per day or forty hours per week.

B. Authorization to vary the rule that employees who work more than 20 hours per week get one day off per week or the two consecutive days off rule for retail workers (subsection 13(4)).

C. Authorization to vary the requirement to post a work schedule or a change to the work schedule (section 13.1).

D. Authorization to vary the requirement for a meal break (section 13.3)

E. Authorization allowing a holiday shutdown for less than three consecutive weeks (section 31).

F. Authorization to agree to a holiday period without the employer having to give the employee four weeks of notice (section 32).

G. Authorization to move a public holiday to another day (section 40).

H. Authorization to permit the payment of wages during a strike on a day other than the day on which they would usually be paid (section 52).

I. Authorization to waive the requirement to provide notice of group termination (regulation 22).

J. Approval of living accommodation (regulation 33).

An employer can request an application form from the Labour Standards Branch. The form should be completed and returned to the Labour Standards Branch for approval. If approved, the authorization will be returned to the employer.

In most cases, the authorization must be posted in a location that is accessible to the employees affected.

Before an authorization is granted, most permits require approval of the majority of employees affected. The employees must show their approval by signing the application form. In certain instances, a secret ballot can be arranged. Once a majority of employees agree to the permit, the permit may be issued for a specific number of employees and will only apply to those employees in the classifications affected.

Any authorizations or permits that are issued can be cancelled at any time by the Director of Labour Standards. Should this occur, the employer will be notified in writing.

Employees may request that the permit be withdrawn or cancelled. This request must be in writing and should outline the reason for the request. An investigation will be conducted to determine if the permit should be revoked. If the permit is to be revoked, the employer will be notified in writing.

For authorizations A, C, D, F, and G listed above, employers and the trade union representing the affected employees can agree to the variation without getting approval from the Director of Labour Standards.

Note: such agreements are still subject to the specific terms and conditions of the Act. For further information consult the Act or call the nearest Labour Standards office.