Employment law in Canada: 4 things you really have to know

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No matter if you're an employee, employer, or job seeker, you must know the rules and regulations. Surprisingly, most people are completely oblivious when it comes to this. In other words, they lack theoretical knowledge. The aim of employment law is to guarantee a fair and safe working environment for everyone. There are numerous aspects covered by the law, which translates into the fact that anyone can take legal action if they feel they have been treated unfairly. If you have a good understanding of how the system works, you can defend your rights.

If you're looking for a job in Canada or would like to expand your business operations overseas, the rule of law is paramount. The rules and regulations have been put in place to protect both parties, so it's well worth getting to know the legal ins and outs. There are various significant differences between Canada, the United Kingdom, the United States, and the rest of the world.

1.      Labor and employment issues are governed by province, not federally

In Canada, workers are protected by the employment laws of their provinces (territories). Legislation varies from province to province. There are exceptions to the rule, of course. To be more precise, this rule doesn't apply to any activity that is subject to a federal undertaking. Federal undertaking and works include industries of national importance, such as banks, airlines, interprovincial transport, railways, and, last but not least, communications. In this case, the Labour Program administers the standards that describe employment conditions.

Getting back on topic, each province has its own legislation and it's necessary to comply with the standards specified by the provincial or territorial government. These standards pertain to minimum wage, statutory holidays, vacation, leaves, notice of termination, and so on. As far as unrestricted provincial jurisdiction is concerned, provinces are in complete control. The one thing that provincial and federal laws have in common is the Rand Formula, which requires employees to be covered by collective bargaining contracts so as to pay union dues.

2.      Common legal issues: Getting fired & quitting your job

Employees are expected to carry out their duties and obligations with competence and due diligence. Employers, on the other hand, are expected to create a safe and secure work environment. If they wish to terminate the relationship with an employee, the employer is required to provide reasonable notice of dismissal and/or severance pay. Failing to do so constitutes a violation of the law and the person in question has the right to claim damages, which are meant to compensate for the late receipt. Employees, on the other hand, are obligated to mitigate their common law losses. In other words, they should actively seek a similar job. If the Court determines that an employer hasn't provided reasonable working notice, they will be forced to pay salaries, benefits, bonuses, etc. 

Maybe you'd like to change your job at some point. According to the experts like Levitt LLP, it's necessary to write a resignation letter, in which you indicate your position and the reason for quitting. If you don't provide any reason, the employer can take you to court for wrongful resignation, which could turn out to be very costly. There's little chance of an employer suing an ex-employee for not providing good reason for resignation, but it can happen and the consequences are dreadful. When a person quits, they're not entitled to employment insurance. There are extenuating circumstances, but only in cases of harassment or toxic workplaces.

3.      Discrimination on the basis of gender, race, and ethnicity is prohibited

The Canadian Human Rights Act doesn't allow discrimination in the workplace. The law that came into force in 1985 prohibits discrimination based on gender, race, ethnicity, and so on. What counts as discrimination against employees or job applicants? It refers to the situation when an employee or job applicant is treated unfairly due to the reasons enumerated above. There is a slight difference between discrimination and harassment. Harassment is bias, while discrimination manifests itself through concrete actions.

Employers are encouraged to establish working conditions that are free of barriers and, most importantly, promote the principle of employment equity. In the past years, companies have realized progress towards creating a favourable workplace environment and a representative workforce. Education goes a long way in preventing discrimination. Even the most innocent comment can be negatively internalized. Having an anti-discrimination policy in place is just as effective. It ensures that everyone feels safe, respected, not to mention fully valued in the office. The policy applies in all work-related settings, including but not limited to business trips, office outings, and social events.

4.      Employers have to responsibly accommodate disability

Disabled persons have the right to access areas such as customer service, information and communication, transportation, and, of course, employment. Employers have to do everything within their power to accommodate employees with disabilities, which implies more than verifying if the current position is suitable. The job can be adjusted, adapted, and even modified for the sake of the disabled person. The accommodation can imply making slight changes in duties or creating a flexible work schedule and providing assistive devices.

Accommodating the needs of disabled people is one of the most commonly disputed issues in the workplace. Organizations can't be expected to accommodate disabilities they're not aware of.  To be more precise, people should disclose or communicate the physical or mental conditions that they're suffering from to the employer. If they keep everything in the dark, they won't benefit from adequate support. An employer isn't allowed to ask a person about their disability. This is the reason why the employee must educate the employer. People should communicate essential information in the initial interview.

All in all, Canadian employment law isn't that complicated to understand. Nevertheless, it's recommended to navigate the legal challenges with the help of a professional. Determine which law firm best serves your interests and make the call.  A lawyer can provide vital assistance in almost every aspect 

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