Guide to Workers’ Rights in Nova Scotia

Read this if you are unsure whether or not the Nova Scotia Labour Standards Code applies to you.

Rather than provincial legislation, their employment is governed by federal laws such as the Canada Labour Code and the Canadian Human Rights Act.

The workplace rights of unionized workers are set out in their collective agreement, rather than in provincial or federal labour standards legislation. Their employment standards must meet, and generally far exceed, those of non-unionized workers. 

The term independent contractor refers to businesses or contractors who provide a service to individuals or other businesses. Independent contractors are not considered employees, and therefore labour standards legislation does not apply to them. 

The following questions address common issues we see during intakes.

The relationships between most employees and their employers in Nova Scotia are governed by the Nova Scotia Labour Standards Code. The Nova Scotia Labour Standards Code sets out the basic rights of employees and employers.

As of October 1st, 2025, the minimum wage in Nova Scotia is $16.50 per hour. Pay includes wages, holiday pay, overtime pay, and vacation pay.

Unlike in most provinces, tips and gratuities are not protected by the Nova Scotia Labour Standards Code. Therefore, your employer can keep all or some of your tips. 

Employers may deduct from wages for a number of reasons, listed here.

Employers must provide the employee’s pay stub when paying their wages. 

Under the Labour Standards Code all workers must be paid the same wages for the same work within the workplace.

Full-time, part-time, and seasonal employees earn vacation pay for every 12 months worked. 

Your employer must give you 2 weeks of vacation within 4 months of every 12-month period.

Your employer is required to pay you overtime once you’ve worked more than 48 hours in a week.

You are entitled to an unbroken, unpaid break of 30 minutes for every 5 hours worked.

Most leaves other than vacation and statutory holidays are unpaid under the Labour Standards Code.

The Labour Standards Code gives employees six paid holidays per year: New Year’s Day, Nova Scotia Heritage Day, Good Friday, Canada Day, Labour Day, and Christmas Day. 

Generally, your employer must give you advance notice if they are going to dismiss you.

Your employer generally must provide reasonable notice when dismissing you. However, there are exceptions to this. 

If you lose your job and believe you were wrongfully dismissed, then you can file a claim for reasonable notice, severance pay, or job reinstatement (among other things). 

When you leave your job, you typically have to provide notice to your employer.

Constructive dismissal happens when your employer seriously changes or breaks your employment contract, or forces you to quit through their actions.

Former employers are not legally obligated to provide a reference, or a reference letter. 

To file a complaint, you must do so within the limitation period.

The Occupational Health and Safety Act is the primary legislation which protects your right to a safe workplace.

The Occupational Health and Safety Act makes everyone in the workplace responsible for keeping the workplace safe. However, employers have special duties and responsibilities that reflect their power over employees and the environment in which they work.

Employees may refuse to perform work that they reasonably believe is unsafe to themselves or to anyone else.

Your right to recognize, report, and refuse unsafe work is protected by law.

Your employer’s responsibilities after a workplace accident or injury depend on how serious the incident is, and employees may be entitled to support and compensation through the Workers’ Compensation Board if they are unable to work.

The Human Rights Act protects individuals and groups from discrimination based on a “protected characteristic” in relation to employment.

Protected characteristics, or protected grounds, are essential aspects of who someone is. They are often identities that society uses to separate or label people, which can affect how we treat one another.

Differential treatment in the workplace can include many actions, or failures to act, by employers, co-workers, or employment agencies. It happens when comments, decisions, policies, or behaviours place a burden or disadvantage on someone because of a protected characteristic.

An accommodation is a reasonable change an employer makes to remove a barrier that affects someone because of a protected characteristic.

Employees also have a role to play in the accommodation process. To receive an accommodation, you must tell your employer that you need one.

While the Nova Scotia Human Rights Act protects employees from discrimination, there are some exceptions where employers may lawfully treat employees differently based on protected characteristics.

Employers have a duty to accommodate employees’ needs related to protected characteristics, but only up to the point of “undue hardship”.

If you think you have experienced workplace discrimination and you fall within the deadline, you may file a complaint with the Nova Scotia Human Rights Commission.