In today’s job market, workers need to be vigilant and informed about their rights. Many people who take jobs in Canada aren’t aware of what they’re signing up for. Culture and language barriers can make the hiring process more difficult for agreements or un-explicit contracts. In addition to that, most candidates don’t know whether they have signed an agreement that is not compliant with local laws and regulations.
We have put together this guide on employee rights and responsibilities in Canada as a resource for anyone who is looking for information about employment standards in the country. It covers topics like minimum wage, health and safety, termination, hours worked, annual leave, and more.
Standard Hours of Work per Week in Canada
In Canada, the standard work hours per week are set at 40 hours, or 8 hours per day. That's the maximum number of hours per week an employee can agree to work. Some sectors have different standards, such as the trucking, shipping, and railroad industries.
The maximum hours of work allowable in a week is 48 in special circumstances when staff may be asked to work longer hours. If this is the case, employers must follow specific rules, such as paying overtime. The amount of overtime payment depends on the number of hours worked in a given week.
Employers are prohibited from requiring or allowing all staff to work any hours that exceed the standards set by the government.
Minimum Wage in Canada
The federal minimum wage ($15.55) in Canada is applied in federally regulated businesses, such as banks, post offices, interprovincial transportation, and federal Crown corporations. The provinces set the rates for most minimum wages.
The list below shows minimum wage rates in each province in Canada:
- Alberta: $15, with no upcoming increases
- British Columbia: $15.65 as of June 1, 2022
- Manitoba: $12.35 as of Oct. 1, 2022
- New Brunswick: $13.75 as of Oct. 1, 2022
- Newfoundland and Labrador: $13.20, with no planned increases upcoming
- Northwest Territories: $15.20, as of Sept. 1, 2021 with a potential increase every two years
- Nova Scotia: $13.35 with scheduled increased to $14.3o scheduled for April 1, 2023 and to $14.65 planned for Oct. 1, 2023, and $15.00 effective on April 1, 2024
- Nunavut: $16 adjusted annually on April 1st
- Ontario: $15.50,as of Oct. 1, 2022, with increases published by April 1st of each year
- Prince Edward Island: $13.70, with no planned increases at this time.
- Quebec: $14.25 as of May 1, 2022
- Saskatchewan: $13 as of Oct. 1, 2022, with an increase to $14 effective Oct. 1, 2023, and another $15 effective October 1, 2024
- Yukon Territory: $15.70, adjusted annually on April 1st
Employee Termination
To end employment in Canada, an employer should provide written notice to the employee at least two weeks in advance. In the case that the employer does not provide the employee with a two week written notice, the employer must pay two weeks wages at the employee's contracted salary/rate.
There are certain situations when employers may not be required to provide termination notice. For example, if an employee is terminated for serious misconduct, the employer may be able to terminate the employee immediately without notice. The Canadian Labour Standards Code outlines different circumstances in which an employer does not have to provide termination notice to an employee.
Employees are not required to provide notice to an employer unless noted in the employment contract or agreement.
Canadian Occupational Health and Safety
Both employees and employers play a role in workplace health and safety. Workers have the right to work in a safe and healthy environment. Employers are responsible for creating safe work environments for all staff.
Health and Safety Rights
Canada’s federal government has created laws designed to ensure that employees are safe and healthy at work. The most relevant piece of legislation for this purpose is the Canada Labour Code. The Code requires employers to provide workers with safe working conditions, provide information about health and safety hazards, and train workers about health and safety hazards.
Under the Canada Labour Code employees have the right to know, the right to participate, and the right to refuse work based on safety hazards.
Health and Safety Representative
The Occupational Health and Safety Act (OHSA) is based on the notion that workers and employers must work together to identify and solve health and safety problems. If your workplace regularly employs 6-19 workers, it must have a worker health and safety representative (HSR). The HSR helps employers identify hazards at work by identifying hazards and offering solutions that ensure the safety of workers.
Canadian Centre of Occupation Health and Safety (CCOHS) Training
Vubiz provides a wide range of CCOHS online safety training topics including personal protective equipment, fall prevention, fire safety, office ergonomics, and WHMIS topics.
Annual Leave
Employees in Canada earn two forms of leave that are related to their employment: vacation leave and sick leave. The first type of leave, vacation leave, is a benefit that is given to workers as part of their salary or wages. The amount of annual leave that is paid to workers varies based on the number of years they have worked for their employers.
Employers have the discretion to determine how much annual leave each employee receives. Annual leave may be paid out in one lump sum or in smaller amounts throughout the year. The second type of leave, sick leave, allows workers to take time off work to recover from an illness or care for someone who is ill. Sick leave is not paid by employers.
Equal Pay for Equal Work
Workers are entitled to equal pay for equal work. One type of discrimination that occurs in the workplace is unequal pay between male and female workers. There are laws that protect workers from this type of discrimination. These laws state that employers cannot pay one group of workers less than another group of workers who do the same or similar work and include the right to be paid for all hours worked and the right to be paid appropriately for the work they do.
Other Employee Rights in Canada
Child and Family Benefits
Canada provides various types of benefits that help families with children. These benefits include the Canada Child Benefit, the Canada Child Tax Benefit, and the Goods and Services Tax/Harmonized Sales Tax Credit.
DISCRIMINATION-FREE Employment standards
Workers have the right to be treated with respect at work and the right to work in a safe, discrimination-free environment. Employers are prohibited from discriminating against workers on the basis of race, religion, ethnicity, sex, sexual orientation, gender identity, age, or other factors. Vubiz offers employee training to prevent discrimination and harassment in Canadian workplaces.
Pay Days
Workers have the right to know when they will receive payment for the work they do. Employers must provide workers with a statement of earnings once per month.
Tips and Gratuities
Workers who receive tips or gratuities as part of their work have the right to keep these tips and gratuities for themselves. Employers cannot require workers to share or give away these tips to other staff or the employer.
Whistleblowers
Workers who report misconduct in the workplace have the right to protection from retaliation.
These are just some of the employee rights in Canada These rights are protected by the federal government and provincial governments in Canada. If you are applying for a job in Canada, you should be familiar with these employee rights.
Conclusion
People who work in Canada have certain rights and protections. Employers must follow Canadian laws, which set out certain standards for workers. This includes things like minimum wage, annual leave, and sick leave. Employers may also be required to provide staff with health and safety information and train them about potential hazards at work.
All of these rights are protected by the Canadian government and provincial governments in Canada. This will help you know what to expect in terms of pay, benefits, vacation time, and other aspects of the job. With this knowledge, you can make a more informed decision about which job to accept.