Commonly referred to as an Employment Standards Act or Labour Standards Code, all Canadian jurisdictions legislate minimum employment standards for working conditions and basic entitlements such as minimum wage, vacations, paid public holidays, maternity and parental leave, overtime, severance, and termination of employment. They are designed to provide fundamental protection for employees and ensuring consistency in the labour market by establishing standards of employment practices. It is possible that your province or territory has additional benefits to the federal ones to which you may be entitled.
- What are my provincial/territory standards?
- Here is a useful guide to understanding the Employment Standards Act, 2000
Determining your rights under employment standards and legislation can be a difficult task so it is best to seek help from your employer or a lawyer. Based on the advice you receive and if you believe your employer is violating employment standards, you can file a complaint. It is against the law in all jurisdictions for your employer to discriminate or retaliate against you because you exercised your rights under employment standards legislation. As your complaint is processed, an employment standards officer will be assigned to investigate the situation and either issue a compliance order or dismiss the case. If the matter is not resolved, complaints can be heard by a tribunal or board for final and binding determination.
In most jurisdictions, you are expected to first try to resolve the problem with your employer. Here are some handy links that may be of value for you:
- Conflict Resolution Process
- CSMLS Code of Ethics and Code of Professional Conduct
- Difficult Conversations Videos
- CSMLS Whistle Blower Position Papers
- See Mental Health Toolkit Employee Section
For additional support, you can also check out this website.
