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BILL NO. 5





Private Member's Bill




5th Session, 56th General Assembly
Nova Scotia
46 Elizabeth II, 1997




An Act to Amend Chapter 246

of the Revised Statutes, 1989,

the Labour Standards Code





Robert L. Chisholm
Halifax Atlantic




Halifax
Printed by Queen s Printer for Nova Scotia







Explanatory Notes

This Bill requires that a part-time employee

(a) be paid at the same rate of pay as a full-time employee for the same or substantially similar work;

(b) receive benefits equivalent, on a pro-rata basis, to those of a full-time employee doing the same or substantially similar work; and

(c) receive a minimum of three hours pay whenever required to work.


An Act to Amend Chapter 246

of the Revised Statutes, 1989,

the Labour Standards Code





Be it enacted by the Governor and Assembly as follows:

1 Chapter 246 of the Revised Statutes, 1989, the Labour Standards Code, is amended by adding immediately after Section 79 the following Section:

79A (1) In this Section,

(a) "full-time employee" means a person who works the normally scheduled weekly or monthly hours of work established by an employer;

(b) "part-time employee" means an employee who works less than the normally scheduled weekly or monthly hours of work established for a person doing such work and includes a casual person who does work for an employer on a seasonal or temporary basis.

(2) No employer or person acting on behalf of an employer shall establish any differences in the rate of pay paid to a part-time employee from that paid to a full-time employee for the same or substantially similar work.

(3) Every employer shall include part-time employees in all employer-sponsored benefit and pension plans or equivalent benefit or pension plans, on a pro-rated basis where the employer provides these benefits for full-time employees doing the same or substantially similar work.

(4) An insurer under the Insurance Act who provides a contract of group insurance to an employer for employee group-insurance benefits shall make available coverage for part-time employees to the employer.

(5) Where an employer includes a part-time employee in a pension plan as required by subsection (3), the plan shall be deemed to provide for payment of pension benefits to the part-time employee that are proportional to the benefits paid to full-time employees.

(6) Where an employer requires any part-time employee to work, the employer shall pay a minimum of three hours pay.

(7) Where an employer has failed to comply with this Section, a part-time employee may make a complaint to the Director in accordance with Section 21.



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