Employment Law and Labour Law are two types of laws that govern the labour and employment rights of individuals in Canada. These types of laws are enacted to protect and promote the interests of all parties involved in the employment process. Some of the common aspects of the legislation are overtime rates, pay equity legislation, and unjust dismissal claims.

1. Unjust Dismissal Claims

If you have been unjustly terminated by your employer, you may be entitled to reinstatement or monetary compensation. You can find out more about the unjust dismissal claim process by consulting a labour lawyer.

A federally regulated employee can file an unjust dismissal claim under the Canada Labour Code. This legislation protects workers in federally regulated industries, including banks, airlines, and broadcasting companies.

To be eligible to make an unjust dismissal claim, an employee must have worked in a federally regulated industry for at least one year. They must also not be in a managerial position.

The employee’s employer must prove that the reason for the dismissal was a valid economic reason. Economic reasons can include a change in work assignments. However, the Code does not allow for an employee to be terminated for lack of work.

To make an unjust dismissal claim, the worker must file a complaint with the Labour Program within 90 days of the termination with the proper consultation. This is an extremely important step because the Canada Labour Code has a peculiar limitation period. Failure to file within 90 days will make the claim null and void.

2. Overtime Rates

In Canada, overtime is an allowance that employees are paid for every hour worked over a certain threshold. Overtime laws vary from one province to another and from industry to industry. However, most Canadian jurisdictions require employers to pay for every hour worked beyond the regular work hours.

Most jurisdictions calculate overtime payments at a rate of 1.5 times the employee’s hourly wage. Some provinces may use a different method to calculate overtime, such as calculating it by averaging the number of hours worked over two or more weeks. Averaging hours permits an employer to stagger working hours in order to meet the overtime requirements.

The rules governing overtime in Canada are complicated. You should consult with a local employment lawyer like Levitt LLP if you suspect you are not being paid appropriate overtime. There are special regulations for certain industries, such as highway construction, community care facilities, or seafood processing. Other industries, such as agriculture, are not required to pay overtime. Architects, doctors, and supervisors are also not eligible to receive overtime wages.

3. Pay Equity Legislation

Pay equity legislation is the practice of ensuring that each employee is paid fairly based on his or her job performance and contributions to the company. It includes base pay, overtime, and employee benefits. The impact of pay equity on an organization is significant, including increased productivity and creativity.

Pay data reporting laws are emerging in countries like France and Canada. These laws require organizations to report their salary information to the government. They include gender and race/ethnicity information.

As a result, employers can now identify gaps in pay based on race and gender. Some state laws also protect employees who discuss pay with co-workers. If these employees file a claim, they cannot be reduced in compensation.

Employers who fail to comply with pay equity law may be fined up to $50,000. In addition, businesses must make any necessary adjustments to compensation policies.

Pay equity can reduce turnover rates and increase efficiency. Besides improving a company’s overall performance, it can also help to boost morale and strengthen its brand.

4. Canadian laws governing labour and employment

In Canada, there are several different laws governing labour and employment. These differ significantly across provinces, but there are some common features that can help you understand them all.

Canadian labour laws protect employees from discrimination. This includes discrimination on grounds of race, gender, age, religion and disability.

A labour act in Canada can be a federal law or a statute passed by a province. The specific requirements vary from jurisdiction to jurisdiction, but they usually contain minimum standards for wages, notice periods and other responsibilities of employers.

The Canada Industrial Relations Board interprets federal laws, and labour boards in the provinces have remedial powers. Typically, a labour board’s decision will be subject to review by the courts.

While Canada does not allow employment at will, it does recognize the right of employees to unionize. Employers do not have to offer wage increases to employees in response to an attempt to unionize.

Those wishing to hire employees in Canada must comply with the employment anti-discrimination laws of the country and offer mandatory employee benefits. Some other statutory benefits include medical insurance and pension plan contributions.