Remote Work Manual
4 July, 2023
TOP EMPLOYMENT RIGHTS IN CANADA EVERY EMPLOYEE MUST KNOW ABOUT
Canada takes employment rights seriously, which is duly reflected in its legislative provisions at the federal or provincial level. A majority of Canadian workers, including foreign workers, are vested with numerous rights, but it is found that many workers are usually ignorant and not fully aware of the crucial laws they are subjected to. This ignorance can lead to many hardships and hence we have come up with this article to enlighten workers about their employment rights.
There are different sets of labour laws governing employment in Canada, both at provincial and federal government levels. It is important to keep pace with the evolving employment laws and amendments to avoid unjust repercussions or just to safeguard oneself.
Let’s explore different workplace-related laws at the federal level:
Employment Equity Act
Canadian Human Rights Act
Canadian Labour Code
Along with other legislations covering income tax regulation, the Canadian pension scheme and employment insurance.
Ontario-specific labour laws include the following:
Working For Workers Act, 2021
Ontario Employment Standards Act, 2000
Occupational Health and Safety Act
Workplace Safety and Insurance Act, 1997
Labour Relations Act, 1995
Pay Equity Act
Human Rights Code
Below we focus on the general rights associated with Canadian workers such as minimum wages, leaves, protection from harassment, hours of work and so on.
Learn more about the Ontario Human Rights Code, here.
Hours of Work
The rules regarding the hours of work for employees are fairly similar throughout the country. So, most of the employees are required to work at least eight hours a day and not more than that. The number of working hours is important to calculate whether an employee is entitled to regular pay or overtime pay. An employee working 35-40 hours is considered a full-time/ permanent employee. In Ontario, the maximum limit of hours worked in a week is 48 hours, unlike other provinces.
An employee working more than the prescribed weekly limit should be entitled to overtime pay by the employer. Your employer cannot force you into working over the daily or weekly limit without signing an electronic or written agreement.
Righty to Fair Wages and Benefits
No employer can distinguish employees on their pay scale, meaning that all employees have the right to equal pay irrespective of their gender. The only requirement is that the work performed:
Should be of the same kind;
Suitably in the same establishment;
Based on the same skill sets, toil and duty; and
Work is done under similar working conditions.
Ontario mandates the fulfilment of an equal pay regime for all its workers, as specified under the Ontario Human Rights Code.
Minimum Wages
Minimum wages refer to the least number of wages payable to an employee for his work. While there is no hard and fast rule set because minimum wages vary from one province to another. The wage limit is expected to rise in the upcoming time, so employers and employees must take the front-row seat and remain compliant with enacted labour laws.
Right to Disconnect
This right came as an important amendment in the Working for Workers Act, of 2021 and is applicable in the territory of Ontario only. It stipulates employers in Ontario have a mandatory written policy on disconnecting from work. This requirement is applicable for workplaces with 25 employees or more, with effect from June 2, 2022. This is a landmark amendment as it promotes work-life balance and frees employees from excessive work stress and burnout.
Right to refuse unsafe work
The Occupational Health and Safety Act gives employees the right to refuse work that could be detrimental to the health and safety of their own and of others. This right exists as a safety measure when the other two rights are exhausted or fail to ensure health and safety. An employee must have a reasonable belief that will affect their health severely to exercise this right.
Health and Safety
As part of their duty, all employers must provide a safe, secure and healthy workplace. It is a statutory obligation failing which employers could face serious problems. The working environment must be equipped with safety devices, machinery, kits and so on. The rules pertaining to health and safety maintenance again vary from state to state.
Flexible Working
Employees working in the following arrangements (public and private sectors) have the right to exercise flexible work options:
Air transportation, including airlines, airports, aerodromes and aircraft operations
Banks, including authorized foreign banks
Grain elevators, feed and seed mills, feed warehouses and grain-seed cleaning plants
Port services, marine shipping, ferries, tunnels, canals, bridges and pipelines (oil and gas) that cross international or provincial borders
Postal and courier services
Radio and television broadcasting
Railways that cross provincial or international borders and some short-line railways
Road transportation services, including trucks and buses, that cross provincial or international borders
Telecommunications, such as telephone, internet, telegraph and cable systems
Uranium mining and processing and atomic energy
Any business that is vital, essential or integral to the operation of one of the above activities
The federal public service
Parliament …
The qualifications required to apply for flex work are:
Employee has to make a written plea
The applicant should have six months of continuous employment
Lastly
We request employees to go through and cognize various statutory laws and employers to always be compliant with employment standards set to ensure an effective, rewarding and favourable experience for all.
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