Royalx
When doing business in Canada, employers need to be aware of employment laws that regulate what they can and cannot do in the workplace. To ensure employers don’t violate employment laws, they need to become familiar with them. Retaining employment lawyers is a smart step for many business owners.
- No ‘At Will’ Employment in Canada
“At will” employment means an employer can terminate an employee at any time, for any reason. “At will” employment isn’t legal in Canada. However, Canada does allow “for cause” terminations.
“For cause” means an employer may terminate an employee or end a contract for a justifiable reason. If an employee embezzles money, breaches their contract with the employer, or commits other inappropriate actions, employers can dismiss employees from the company.
- Benefit Standards Are Set by Legislation
The provincial government sets the standards for many of the benefits employees receive. They set standards for pay, leave time, vacations, severance pay, and termination notices. However, sometimes common law offers better standards when employees are let go.
Common law coexists with civil law in every province except Quebec, which only recognizes common law. Quebec is a civil code province. Common law is a set of unwritten laws established by the courts. So, the basis for common law is court precedents.
- Employers Offer Contractual Agreements for Non-Union Employees
Non-union employees receive contracts when hired by employers. The contract must offer statutory requirements for pay and benefits. When an employment contract is in place, it supersedes the common law.
Approximately 11.6 percent of the workers in Canada belong to a union. There are several advantages to being a union member, such as better pay. Union members make approximately $5.14 an hour more than non-union employees.
- Discrimination and Harassment Are Illegal in the Workplace
All Canadian provinces have laws prohibiting discrimination and harassment in workplaces. Discrimination laws cover:
- Race including national or ethnic origin
- Religion
- Colour
- Age
- Sex
- Sexual orientation
- Gender identity or expression
- Family status
- Marital status
- Disability
- Genetic characteristics
- A conviction for an offence that was pardoned
- Equal Pay for Equal Work
The Pay Equity Act became law on August 31, 2021, and it states that men and women doing the same work must receive equal pay. However, one employee can receive a higher pay rate if it is justified. Perhaps they’ve been at their job longer or have more responsibilities. These would be justifiable reasons for a difference in pay.
If there is a dispute about pay, harassment, or other employment issues, businesses can hire a top employment lawyer to determine if they are on the right side of the law. If they are not, then the lawyers can explain why, which rights they are violating, and help represent them in court.
- Reasonable Accommodations for Workers with Disabilities
If an employer has a disabled employee or has hired someone who has a perceived disability, they must receive reasonable accommodations to work. However, if the accommodations present an “undue hardship” for the employer, the employer may not need to provide them.
An “undue hardship” may be an accommodation that puts other employees’ health and safety at risk, or it could be cost prohibitive for the company. The employer must provide proof that an accommodation is a hardship for them.
If employees feel like an employer is violating their rights, they can file complaints with their union representative if they are in a union. If they are a non-union employee, they can speak to an employment lawyer about the problems they are facing at work.
For human rights violations, employees can contact the Human Rights Commission to make a complaint about what is happening in their workplace. In some cases, an employee may need to hire a lawyer to get help if violations of their rights continue.
