Canadian employment law is one of the hardest things to understand unless you happen to be one of Canada’s employment lawyers. Despite...
Canadian employment law is one of the hardest things to understand unless you happen to be one of Canada’s employment lawyers. Despite the difficulty of understanding this subject, employees need to understand the basic laws and how they apply to them.
1. Necessary Leave or Job Reassignment
Pregnant or nursing employees and those with a medical certificate outlining their needs for modified duties can ask for a position reassignment that meets their current needs for up to 24 weeks after their baby is born or until medical clearance has been given to the employee.
If a review of the request must be done before granting the reassignment, the employer must detail in writing the reason for the modifications or why the changes cannot be made. If modifications cannot be made, the employer is required to give the employee monetary compensation based on their regular schedule.
2. Federal Canadian Labour Laws or Provincial Labour Laws?
Employment laws are not equal under the Canadian government. The majority of them are covered under provincial laws, but a select few industries fall under federal labour law jurisdictions. Most of these industries must abide by the Parliament because they are not operating in a single province.
Here is a quick look at the industries covered under federal labour laws:
● Transportation that connects one province to another, such as railways, canals, telegraphs, and more
● Any industry that utilizes navigation and shipping, which includes operations
● Crown corporations
● Telecommunications under the Federal Telecommunications Act
● Ferries that run between different provinces
● Any air transportation
● Radio broadcasting
● Foreign banks or Canadian banks covered under the second section of the Bank Act
● Anything that the Oceans Act covers
● Any business that Parliament feels benefits Canada, regardless of whether it is only operating in a single province.
For a better idea on these, contact one of the country’s employment lawyers with any questions.
3. Quit, Dismissed, or Laid Off
Employment laws all throughout Canada protect employees from being dismissed or laid off without compensation or proper notice. Typically, an employer must provide an employee with a two-week written notice that employment is ending. This applies to all employees who have been employed by the employer and have worked for them continuously for the past three months or more.
There are only two exceptions to an employer providing the employee with notice. The first one is if the employer provides the employee with a minimum of two weeks’ pay when ending the employment. The second is if the employer has just cause to dismiss the employee based on the employee’s actions.
On the opposite side, employees are not required to provide a two-week notice before ending employment, per federal law. The only time notice is required if it is stated that way in a contract or collective agreement.
4. Federal Occupational Health and Safety Standards
Under the federal government, there is a department tasked with keeping employees safe at their jobs. This department is known as the Occupational Health and Safety Standards. They create minimum standards that all employers must follow to keep their employees safe in the workplace.
Every employee must be informed of any hazardous or dangerous materials that they might possibly come into contact with during their workday. They must also receive W.H.M.I.S training before starting any job to ensure they can identify and deal with any of these potential hazards.
Other things covered by this department include:
● Required first aid and safety equipment
● Personal protective equipment for all employees
● Required documentation for sanitary and safety standards
● Maintenance of all equipment
● Accommodations for employees who require assistive devices
● Much more
