While working in Canada, you must remain informed about your workplace rights and protections. Knowing your rights ensures you are not exploited and treated unjustly at work. Canada effectively implements employment laws, and newcomers who know about their legal rights can work in Canada with the assurance that they will be protected. Employees with proper knowledge of employment laws can defend their labour rights.
This blog will detail worker rights in Canada, employment agreements, steps to take when faced with discrimination or harassment, rules regarding holidays and leaves, managing workplace health issues or injuries, etc. Newcomers can use this as a reference to understand the rights and protections available to them as workers in Canada.
A novice in Canada planning to work should keep the following in check.
Ø You must ensure both parties, including you and your employer, sign the employment agreement.
Ø If neither party sign the agreement of free will, it becomes an unenforceable contract.
Ø As per your choice, the agreement can be in any official language of Canada, English or French.
Ø The terms and conditions in the agreement should be the same as those in the offer of employment, such as the job, working conditions, wages, etc.
Ø You must get a copy of the employment agreement before starting your work.
Under Canadian law, all workers, including temporary foreign workers, enjoy the same legal rights and protections as Canadians and those with permanent residency.
An employer is required to:
ü Provide a copy of the signed agreement no later than the first day of your job.
ü Inform you all the details about your rights.
ü Comply with the provincial/territorial hiring and employment regulations.
ü Give the wages (including overtime, if applicable) as per the employment agreement terms.
ü Employ measures to foster a workplace free of harassment and retaliation.
ü Ensure that the worker gets the necessary medical services in case of a health emergency at the work site.
ü Take care of the private health insurance till the worker qualifies for the health insurance coverage by the province or territory.
An employer is not allowed to:
As a worker in Canada, you have the right to get a notice from the employer before termination. In the absence of notice, you are entitled to compensation. The compensation pay depends on the job duration and the province or territory. Further, you are eligible to get Employment Insurance benefits if you have left the job due to workplace abuse or no mistake of yours.
Workers in Canada with a Labour Market Impact Assessment (LMIA)-based work permit will be allowed to work only with the present employer. To take up a new job with another employer, workers might need to apply for a new work permit, and the new employer might have to re-apply for an LMIA (for recruiting temporary foreign workers). Workers with an Open Work Permit (OWP) need not apply for a new permit and can change jobs at any time within the term of their current work permit. However, this might affect their future immigration eligibility. Seasonal agricultural workers may be able to change employers without a new work permit.
Temporary Foreign Workers get worker protection through strict Canadian laws. If employers are found guilty of Temporary Foreign Worker Program violations and abuse of foreign workers, stern measures are taken against the violator, such as penalties and program bans. Workplace harassment includes bullying, threats, retention of personal documents, actions that threaten the immigration status of workers, ill-treatment, forced confinement to the workplace or place of living, withholding wages, asking to undertake assignments not included in the employment agreement or LMIA, denial of leaves and holidays etc.
To report the violations, the following is required:
Workers, colleagues, employers, foreign consulates, advocacy groups or anyone from the public can report an incident of harassment.
The person notifying about the violation must provide all possible information. There is no need to reveal the reporter's identity. The details shared are kept confidential under Canadian privacy laws and only shared with the reporter's permission. The status of the report will not be available because of privacy rules.
Workers who have changed jobs due to mistreatment can remain in Canada through the Open Work Permit (OWP) program for vulnerable workers. Those who have valid LMIA-based work permits can apply to the program if they are in Canada and are subject to or susceptible to workplace harassment and abuse.
If you work in a federally regulated industry where your rights are jeopardized and protections are not maintained, you can contact 1-800-641-4049 or file an online complaint.
As an employee in a workplace regulated by a province or territory, you can contact the provincial or territorial employment standards office at their specific contact numbers under circumstances such as not getting the wages, not being treated justly, or the employer breaching the agreement.
Canada has zero tolerance for discrimination and harassment, be it from the employer or the employee. As an employee employed in an industry or workplace regulated by the federal government, if you face any cruelty, then you can report it by filing a notice of occurrence with your employer. On the other hand, if you work in a provincial or territorial regulated industry or workplace, you can file a notice of occurrence through the respective department of labour in the province or territory.
The provinces or territories have their health insurance system, and through the insurance system, workers can get healthcare services free of cost in most cases. Every worker has the fundamental right to seek healthcare services without getting consent from the employer. The employer is required to help the worker get insurance coverage as per the regulations of the province or the territory. The employer is also responsible for paying the private insurance cost if the worker is yet to be covered by the health insurance of the province or the territory.
Employees in Canada, regardless of whether they work in a province or territory governed by the Occupational Health and Safety Act or its equivalent, have the right to information regarding workplace hazards, the right to take part in decision-making processes affecting their health and safety, and the right to refuse work deemed unsafe to themselves or others.
If you feel unsafe at work, become sick or injured on the job, or are forced to do hazardous work, you can contact the health and safety offices of the respective territory or province.
If you get ill or injured at your workplace and need medical care or treatment, you must immediately report it to your employer. An employer is obliged to help and support you in a medical emergency. Your employer must make efforts to provide you with timely medical assistance, including bringing in a doctor or nurse, giving medical leaves, offering details on healthcare providers, granting transportation assistance, etc. You are entitled to confidentiality in your communications with healthcare providers.
Note: The employer does not bear medical services and transportation expenses unless exempted.
· Year of Employment for Workers
Year of Employment is continuous employment with the same employer for 12 months. This period can be from the hire date, from any anniversary of the hire date, or as a calendar year or other 12-month period defined by the employer, complying with the Canada Labour Standards Regulations. Only after completing the "year of employment" will the employee be allowed to take holidays. The vacation pay depends on the wages you received during the "year of employment."
· Annual Vacation
You must take your vacation within ten months of completing each year of employment. Your employer can schedule the time, or you can take holidays at a convenient time for you and your employer. Should your employer schedule your vacation dates, a minimum of two weeks' notice is required.
Your annual vacation entitlement as a federally regulated employee in Canada increases with years of service: two weeks after one year, three weeks after five years, and four weeks after ten years of continuous employment with the same employer.
Vacation pay depends on your gross earnings during your "year of employment." It is 4% of your gross earnings for two weeks' vacation, 6% for three weeks, and 8% for four weeks.
After obtaining a written agreement from your employer, you can waive, postpone, or split your vacation time for a particular "year of employment."
If you are required to take maternity leave, parental leave, compassionate care leave, etc., you can postpone or interrupt your annual vacation.
While on paid leave, your job status remains the same, and you will receive benefits accrual, such as vacation time and pay. During unpaid leave, your years of service continue to count; however, your vacation pay is determined by the wages received at the time of "year of employment."
After your employment ends, you have the right to get any outstanding vacation pay within 30 days, including pay for completed "years of employment" and the amount for the current, partially worked year.
The 10 general paid holidays granted to the employees in Canada are:
Suppose any of the above days fall on a weekend (a Saturday or Sunday, which are holidays), in that case, you get a compensatory paid holiday on the immediately preceding or succeeding working day. With the employer's agreement, you get paid holidays if any other general holidays fall on non-working days.
Under certain conditions, employers can give a holiday on a different day in place of a general holiday. For such substitution, if the workers have a collective employees' agreement, a written contract is necessary between the employer, union, and employees, or else, a written agreement from you or at least 70% of the affected employees is needed, with a 30-day notice period given by the employer.
How is General Holiday Pay computed?
Depending on the wage scale, most workers receive a minimum of 1/20th of their regular wages (excluding overtime) earned in the four weeks before the holiday. However, general holiday pay is calculated for commissioned workers based on their duration of continuous service. Long-shoring industry employees employed under multi-employer employment have separate pay computations.
Part-time workers also receive 10 days of general holiday pay calculated according to the duration of their working hours.
Employers can ask an employee to work on a holiday. If the employee is eligible for holiday pay and is working on a general holiday, they will receive a minimum of 1.5 times their regular pay. If the employee is working as a manager or professional, then the employee will receive the regular wage and, in addition, get a paid holiday later.
Employees taking leave (personal leave, leave for victims of family violence, or bereavement leave) on any day of the general holidays will receive holiday pay. The amount is calculated after considering the collective agreement or average daily wage.
