Federally Regulated Employees And Regulatory Laws

Federally regulated employers are those governed by the Canada Labour Code and overseen by the federal government. From aircraft to banks, including international units, the Canadian government has set some rules that govern the employment process in Toronto. According to these laws, employers and employees must adhere to specific laws and work in a lawfully compliant environment.

The Canada Labour Code outlines federal labour standards that establish employment conditions for work hours, wage payments, leave, vacations, holidays, etc. These standards apply to employees in federally regulated businesses. Therefore, employers must adhere to these laws and business regulations to avoid disputes. If something still gets out of their control, they should consult an employment lawyer for a better understanding. Let us understand the services and information an employee must know working in Toronto. 

Standard Hours Of Work

As an employee or intern, your regular working hours consist of 8 hours per day (within any 24 hours) and 40 hours per week (from midnight Saturday to midnight the following Sunday). You are entitled to one complete day of rest each week, typically on Sundays, and designated breaks and rest periods.

When a week includes one or more general holidays, the standard work hours decrease by 8 for each holiday.

Regulations specify unique exemptions or regular working hours for certain employee categories, including truck drivers, East Coast and Great Lakes shipping employees, West Coast shipping workers, railway running trades staff, broadcasting commission sales representatives, and commission-paid salespeople in banking.

Leave And Its Related Provisions 

The Canada Labour Code grants employees various unpaid and paid leaves in federally regulated workplaces. Their leave is determined based on designation and tenure. However, certain reasons may prevail due to their severity. Here are the paid and unpaid leaves categorized under Canadian employment laws:

Unpaid Leaves

Maternity-related Leave and Reassignment

  • Maternity and Parental Leave
  • Compassionate Care Leave
  • Leave for Critical Illness
  • Leave Following the Death or Disappearance of a Child
  • Personal Leave
  • Leave for Victims of Domestic Violence
  • Leave for Traditional Aboriginal Practices
  • Court or Jury Duty Leave
  • Bereavement Leave
  • Medical Leave
  • Leave of Absence for Reserve Force Members

Paid Leave Options

  • Maternity-related reassignment and leave (paid leave during your employer’s evaluation of your request)
  • Personal leave (the first 3 days are paid after three consecutive months of continuous employment)
  • Leave for victims of domestic violence (the first 5 days are paid after three straight months of continuous employment)
  • Bereavement leave (the first 3 days are paid after three consecutive months of continuous employment)
  • Medical leave with pay (up to 10 days of paid medical leave annually)

Termination Of Employment

In Canada, termination of employment may be with or without cause. Employers must provide reasonable notice or severance pay except where the termination involves misconduct. Provincially variable employment legislation provides federal and provincial laws to protect employees’ rights. Claims of wrongful dismissal occur when termination goes against the conditions of a contract or labour codes. Union members have additional safeguards through collective bargaining agreements. Moreover, employers must follow human rights legislation, and terminations must not be discriminatory. It is frequently wise to seek legal counsel in disputes over termination.

Minimum Wage

As an employee of a federally regulated employer, you have the right to at least the minimum wage. This right extends to interns as well. If the minimum wage established by your province or territory exceeds the federal minimum, you will receive that provincial or territorial rate. If you are under 18, you are also entitled to the minimum wage.

Federal Minimum Wage For The Year Adjustment

The federal minimum wage is likely to rise to keep pace with inflation. Adjustments to the federal minimum wage are linked to Canada’s Consumer Price Index from the prior calendar year, as reported by Statistics Canada.

  • Starting April 1, 2024, the federal minimum wage will be $17.30 per hour.
  • Starting April 1, 2025, the federal minimum wage will increase to $17.75 per hour.

Yearly Holiday Entitlement

As an employee working for a federally regulated employer, you are entitled to at least:

  • 2 weeks of vacation annually after you have completed 1 year of employment with the same employer
  • 3 weeks of vacation annually after you have completed five consecutive years of employment with the same employer, and
  • 4 weeks of vacation annually after you have completed 10 straight years of employment with the same employer.

Your employer might issue vacation pay up to 14 days before your leave. If this timing isn’t feasible or customary at your workplace, your employer can also provide it during or after your vacation.

Why A Company In Canada Must Consult An Employment Lawyer

Canadian employment laws are intricate, and violations could result in court battles and monetary fines. Employing an employment lawyer will ensure companies abide by rules and safeguard their interests.

1. Adhering To Labuor Laws

A company employs an employment lawyer to guide it through federal and provincial labuor legislation, using appropriate contracts, policies, and dismissals to avoid legal threats.

2. Employee Disputes Resolution

Legal advice is critical in resolving workplace disputes, wrongful dismissal actions, human rights complaints, and minimizing reputational and financial loss.

3. Contract Drafting And Review

Employment attorneys ensure employment contracts, non-compete provisions, and workplace policies are legally valid and enforceable, avoiding future legal issues.

 

Prime Star

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