Recent statistics reveal that provincial employment law protects about 90% of Canadian workers .Unlike in the U.S power to make laws in Canada is divided between the federal and the provincial government. Below are several tips on employment according to the Canadian law.
Employee’s employment laws
1. Government protection bill of rights
The Canadian bill 12 that protects employees states that all employees under the bill of rights are entitled to fair treatment and indiscrimination. The provincial law ensures equal rights and job opportunities are provided to all employees without any form of discrimination. Among the prohibited discriminations are based mainly on color, sex, disability, gender, marital status, and ethnic origin just to mention a few.
The employment law in Canada in conjunction with the right to equal treatment not only covers employee’s discrimination but also offers protection to unfair treatments, unfair dismissal, and other layoffs. In addition, the law ensures fair treatment by prohibiting any form of discrimination. Further, employers are provided with a law that regulates ill treatment of workers whether indirect or direct.
2. Minimum employment standards
In any given employment, there are certain standards that are introduced to ensure the protection of employment rights is solidified. These standards mainly constitute of notice of termination, working hours, and minimum wage payments. Besides these, the minimum employment standard requires the involved parties to exercise their duties in a fair method in order to avoid workplace issues. These issues are mainly because of wages, poor working conditions, unfair treatment just to mention a few.
3. Agreements on employment
It is always important for any employee to consider signing an agreement form before undertaking any form of employment. This agreement should constitute of several key factors such as the duration of work, which can also be in form of a contract. In addition, the employee should ensure the agreement constitutes the rules and regulations and what will happen if what is stated is not followed. Further, the services of an intermediary such as an employment lawyer are necessary in ensuring the process is in accordance to the law.
Finally, after all the key factors are statement in the agreement and both parties agree to the stated agreement, both parties including the lawyer are required to sign. This form of agreement is necessary in case of a dispute since both parties will rely on the working agreement as the determining factor. In accordance to the Canadian law, breaking a working agreement is punishable as it violates the working conditions. The Whitten & Lublin website may provide additional insights if you need more information.
4. Termination of employment
In any given workplace where rules and regulations apply, work issues are inevitable. Occasionally, employers call off their workers due to misconduct or wrong doings such as theft. However, in accordance to the Canadian law an employer is required to follow the right termination procedures. This procedure however includes certain consideration factors that determine whether termination was wrongful or just. Consequently, one of the determining factors is as shown below
Cause of job discontinuation
Majority of employers discontinue their workers without any formal protocol. As a result, termination is often termed as wrongful termination or unfair dismissal. This is because the cause of termination was not properly stated and that work rights were not properly exercised. According to the Canadian law, an employer is required to provide with a notice of dismissal prior to dismissal.
Additional employers are required to provide strong supportive evidence, which should be followed by a legal dismissal protocol. Normally, the Canadian law requires an employer to provide a minimum period of one-week notice. Failure to this, the employer is treated guilty on misconduct and failure to follow the law.