Table of Contents
1 Legal Framework: Employment Laws 1
1.1 Sources of Employment Law 1
1.2 Labor Standards Act 1
1.3 Trade Union and Labor Relations Adjustment Act 2
1.4 Other Employment Laws 2
2 Contracts of Employment 2
2.1 Overview 2
2.2 Written Employment Contracts 3
2.3 Oral Contracts 4
2.4 Employee Handbooks (Work Rules) 4
2.5 Job Descriptions 5
2.6 Offer Letters 5
2.7 Checklist of Do's and Don'ts 6
3 Recruiting, Interviewing, Screening and Hiring Employees 6
3.1 Overview 6
3.2 Recruiting 6
3.3 Employment Applications 7
3.4 Pre-employment Inquiries 7
3.5 Pre-employment Tests and Examinations 8
3.6 Background, Reference and Credit Checks 8
3.7 Fines and Penalties 9
3.8 Checklist of Do's and Don'ts 9
4 Managing Performance/Conduct 9
4.1 Overview 9
4.2 Coaching and Counseling 10
4.3 Written Evaluations 10
4.4 Types of Discipline: Warnings, Pay Cuts and Suspensions 10
4.5 Checklist of Do's and Don'ts 12
5 Termination of Employees for Performance or Disciplinary Reasons 12
5.1 Overview 12
5.2 Separation/Severance Pay 13
5.3 Fines and Penalties 14
5.4 Checklist of Do's and Don'ts 14
6 Layoffs, Reductions in Force, and/or Redundancies as a Result of Job Eliminations or other Restructuring 15
6.1 Overview 15
6.2 Reductions in Force/Layoffs/Job Eliminations 15
6.3 Fines and Penalties 16
6.4 Checklist of Do's and Don'ts 17
7 Use of Alternative Workforces: Independent Contractors, Contract Employees and Temporary or Leased Workers 17
7.1 Overview 17
7.2 Fixed-Term and Part-Time Employees 18
7.3 Independent Contractors 19
7.4 Leased or Dispatched Workers 19
7.5 Contract, Subcontracted or Outsourced Workers 20
7.6 Discrimination against Non-regular Workers 20
7.7 Checklist of Do's and Don'ts 21
8 Obligation to Bargain Collectively with Trade Unions: Employees' Right to Strike and a Company's Right to Continue Business Operations 22
8.1 Overview of Unions' Right to Organize 22
8.2 Right of Employees to Form and Join Unions 22
8.3 Multiple Unions and the Bargaining Representative 23
8.4 Unfair Labour Practices 24
8.5 Subjects of Collective Bargaining, and Industrial Action 24
8.6 Checklist of Do's and Don'ts 26
9 Working Conditions: Hours of Work and Payment of Wages - By Statute or Collective Agreements 26
9.1 Overview of Wage and Hours Laws 26
9.2 Minimum Wage 27
9.3 Overtime 27
9.4 Meal and Rest Periods 31
9.5 Deductions from Wages 31
9.6 Garnishment 31
9.7 Exemptions to Wage and Hour Laws 32
9.8 Child Labour and Protections for Female Employees 32
9.9 Recordkeeping Requirements 33
9.10 Reductions in Compensation Caused by Economic Downturn 35
9.11 Checklist of Do's and Don'ts 35
10 Other Working Conditions and Benefits - By Statute, Collective Agreements or Company Policy 36
10.1 Health and Other Insurance 36
10.2 Pension and Retirement Benefits 37
10.3 Vacation and Holiday and Related Payments on Termination 38
10.4 Leaves of Absence 39
10.5 Checklist of Do's and Don'ts 42
11 Industrial Accident Compensation (Workers' Compensation) 42
11.1 Overview 42
11.2 The Industrial Accident Compensation Insurance Act 43
11.3 Criteria for Recognition of Work-Related Accidents 43
11.4 Types of Workers' Compensation Insurance Benefits 44
11.5 Checklist of Do's and Don'ts 46
12 Company's Obligation to Provide Safe and Healthy Workplace 46
12.1 Overview of Safety and Environmental Laws and Regulations 46
12.2 Safety and Health Management System 46
12.3 Duties of Employer 47
12.4 Management of Employee Health 48
12.5 Fines and Penalties 49
12.6 Checklists of Do's and Don'ts 50
13 Immigration, Secondment, and Foreign Assignemt 50
13.1 Overview Laws Controlling Immigration 50
13.2 Recruiting, Screening and Hiring Process 51
13.3 Obligation of Employer to Enforce Immigration Laws 51
13.4 Fines and Penalties 52
13.5 Secondment/Foreign Assignment 52
13.6 Checklist of Do's and Don'ts 53
14 Protection of Whistle Blowing Claims 53
14.1 Overview 53
14.2 Checklist of Do's and Don'ts 54
15 Prohibition of Discrimination in the Workplace 54
15.1 Overview of Anti-discrimination Laws 54
15.2 Age Discrimination 55
15.3 Race Discrimination 56
15.4 Sex Discrimination/Sexual Harassment 56
15.5 Handicap and Disability Discrimination 58
15.6 National Origin Discrimination 59
15.7 Religious Discrimination 59
15.8 Pregnancy Discrimination 59
15.9 Marital Status Discrimination 60
15.10 Sexual Orientation Discrimination 60
15.11 Retaliation 60
15.12 Constructive Discharge 61
15.13 Checklist of Do's and Don'ts 61
16 Privacy, Technology and transfer of Personal Data 61
16.1 Privacy Rights of Employees 61
16.2 Checklist of Do's and Don'ts 67
17 Required Notices and Postings 68
17.1 Overview 68
