|
MILLAR KREKLEWETZ LLP is a boutique Canadian law firm with lawyers who
have expertise in assisting businesses with Canadian employment
standards matters.
The
following is a short introduction to our services in this area.
Employment Standards
Employment
standards sets out the minimum standards that employers and
employees must follow, including hours of work and overtime,
minimum wage, vacation requirements, parental leave, family
medical leave, and termination of employment and severance pay.
In
Canada
, both
the federal Parliament of Canada and the provincial legislatures
have the power to enact labour laws with respect to employment
standards. The provincial and federal governments’
jurisdiction to enact labour laws (and employment standards) arise
from sections 91 and 92 of
Canada
’s Constitution Act, 1867.
These sections give the provinces major jurisdiction to
legislate in this field, while the federal authority is limited.
Employment
Standards – Federal
At
the federal level, employment standards (as well as other labour
laws) are generally provided under the Canada
Labour Code (the “CLC”).
However, other statutes may need to be considered as well,
such the Fair Wages and Hours of
Labour Act,
which governs public works and employees on government contracts.
The
CLC pertains to the employees of the federal government, as well
as to employees of businesses regulated by the federal government,
including air transportation, radio and television broadcasting,
and banks.
Occupational health and safety standards are set
out in Part II of the CLC. Part
III of the CLC is divided into 16 divisions, and provides the
general requirements for employment standards.
Most notably, Divisions I, II, and III deal with the number
of hours of work, minimum wage, and equal wage (i.e.,
discriminatory wage practices), respectively, and Divisions IV and
V pertain to annual vacations and general holidays.
Also, Divisions IX to XII, XIV set out the procedures
for the termination of employees.
Employment
Standards –
Ontario
Employment
standards are enforced under by each province under their own
legislation, and generally apply to all employees that work in the
province that do not fall within the jurisdiction of the federal
parliament.
In
Ontario, employment standards are governed by the Employment
Standards Act, 2000
(the “ESA”).
The Employment Standards Branch of the
Ontario Ministry of Labour is responsible for the administration
and enforcement of the ESA. Further,
Ontario
’s Occupational
Health and Safety Act and regulations
provide a number of obligations on employers, including a duty to
instruct, inform and supervise workers to maintain their health
and safety.
Similar to Part III of the CLC, the ESA establishes
the following employment standards:
- minimum
standards for hours of work;
- minimum
wages;
- overtime
pay;
- public
holidays;
- vacation
with pay;
- termination
and severance pay;
- rights
to pregnancy and parental leave;
- non-discrimination
in employment-related benefit plans;
- equal
pay for equal work;
- employee
protection from dismissal if wages are subject to garnishment;
- protection
against the use of lie detector tests; and
- ability to refuse Sunday work.
Millar
Kreklewetz LLP has advised public and private sector businesses on
compliance with federal and provincial employment standards
regulations, and employers finding themselves with any issues
inherent in their files are encouraged to contact us for a 30
minute free consultation.
|
Feel
free to contact a lawyer at
MILLAR
KREKLEWETZ LLP who can
consult and advise you on
employment
standard matters.
Feel free to contact us for a no cost initial
consultation.
|
Hard
Name. Simple Solution. TM
Copyright © Millar
Kreklewetz LLP
|
