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UNDERSTANDING EMPLOYMENT LAW IN CANADA

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1 UNDERSTANDING EMPLOYMENT LAW IN CANADA
GROUP MEMBERS: ADEKUNLE DAVIES ADEGUNLOYE ADENIKE KAFAYAT LATEEF AJAY SAHOTA FIDELIA IKEKHUA KOLAWOLE SODIYA

2 Presentation Structure
Introduction Different legislations Federal Labour Standards Discrimination and Employment Equity Pay Equity Health & Safety Worker’s Environmental Rights Firings & Layoffs Filing a Complaint

3 Introduction What is an employment? Canadian Employment Law

4 Different Legislations
About 90% workers in Canada are protected by the employment laws of their province or territory Each province and territory has its own legislation Its compulsory to place an Employment Standards Act poster in plain sight of employees for workplaces covered by this legislation The other 10% of Canadian employees work in places that are federally regulated

5 Employment Standards in Ontario
Employment standards in Ontario are enforced under the Employment Standards Act, (ESA) The Ministry of Labour, through its Employment Standards Program: enforces the ESA and its regulations provides information and education to employers and employees, making it easier for people to understand and comply voluntarily investigates possible violations resolves complaints To read more click this link

6 Employment Standards in Alberta
Employment standards in Alberta are contained in the employment standards code and regulation Through these laws, minimum standards of employment have been established for: Employees Under Age 18 General Holidays and General Holidays Pay Hours of Work, Rest Periods and Days of Rest Maternity and Parental Leave To read more click this link

7 Federal Labour Standards
The Government of Canada has established minimum standards for employment through part III of the Canada Labour Code To foster a positive labour environment, employers and unions are encouraged to establish more favourable rights and benefits through collective arrangements, private arrangements and employer policies To read more about Canada Labour Code click this link

8 Discrimination and Employment Equity
The Canadian Human Rights Act (CHRA) It came into force back in 1985 and has been updated ongoingly Prohibits discrimination on the basis of: Gender Race Ethnicity Age Family status Disability Conviction of an offence To read more click this link

9 Discrimination and Employment Equity
The Employment Equity Act (EEA) It falls under the Department of Justice Canada These laws are meant to protect the rights of four “designated groups” in particular: Women People with disabilities Aboriginal people Visible minorities To read more click this link

10 Pay Equity What do we mean by Pay Equity? To read more click this link
Equal Pay for Equal Work Equal Pay for Work of Equal Value Pay Equity Laws To read more click this link

11 Health & Safety Workers’ right to workplace health & safety appears as standards in workplace health & safety laws These laws are known as “regulations” To read more click this link

12 Health & Safety It is illegal for an employer not to follow these regulations Government inspectors play an important role in the enforcement of regulations

13 Worker’s Environmental Rights
Worker’s environmental rights are fairly new in Canada Rights The right to refuse to pollute The right to report workplace pollution – popularly known as “whistle blower protection”

14 Worker’s Environmental Rights
Worker’s environmental rights are still developing Workers' environmental rights differ between the provinces, territories and the federal workplace jurisdiction. To read more click this link

15 Firings and Layoffs cases
Ray just found out he's being laid off from his factory job. "I'm sorry," his boss said. "There's just not enough work." Ray's been with the factory for 3 years. His boss says he's not owed any money after today because the layoff takes effect immediately. Last week, Jessica told her boss she couldn't work any more hours. She'd already put in more than the maximum hours the law allowed. Her boss fired her for refusing the extra work. Its against the law for en employer to dismiss Ray and Jessica like this.

16 Firings and Layoffs If your boss doesn’t give you proper notice, you have the right to pay instead It depends on how long you’ve worked at the same place, usually after 3-6 months you are entitled to some notice Some exceptions: You were hired for a definite term or task You're temporarily laid off You've refused another reasonable job offer from your boss It was impossible to carry out a contract because of circumstances beyond control You were fired for just cause.

17 Issues/problems related to workplace
"My boss laid me off, and won't pay the wages I'm owed. What can I do?" "I'm being paid less than the minimum wage. Is there any way to force my employer to pay up?" "I was fired—for no reason. I want my job back. Can I do anything about it?"

18 Filing a Complaint In every province and territory, workers who feel their boss has broken the employment standards law can file a complaint Time limits Government cutbacks Some exceptions An extra hoop For example a Self-Help Kit in B.C. A similar situation in Prince Edward Island Free legal assistance in Quebec Union-members covered by collective agreements To read more about Ontario Complaint filing procedure click this link

19 Summary Every province has different legislation
Employees and employers should be aware of the Employment Standards Law and should follow these laws Any sort of discrimination is not tolerated and is against the law as mentioned in the Discrimination and Employment Equity Safe workplace is the responsibility of both the employer and the employees Complaints could be lengthy and tiresome, but the employees should stand up for their rights

20 Youth unemployment Video


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