Frequently Asked Questions (FAQs) About Labor & Employment Law

Generally, employers have some flexibility to modify job duties and working hours. However, significant changes without your consent could constitute a “constructive dismissal,” giving you the right to resign and claim severance pay. Key factors to consider include the extent of the changes, whether they align with your original contract, and whether you were given reasonable notice.

Overtime regulations vary by province and territory. In most cases, employees who work beyond their regular hours are entitled to overtime pay, typically calculated at 1.5 times their regular hourly rate. Exceptions might apply for certain managerial roles or specific industries. Check your provincial labor standards website for detailed information.

If your employer conducts an investigation against you, you have the right to know the nature of the investigation, be informed of any allegations, and access relevant documents. You can also have a representative present during interviews and provide your own perspective. Cooperate fully but protect your rights by avoiding self-incriminating statements.

Canada does not follow an “at-will” employment model. Employers must have a just cause for dismissal, such as poor performance, misconduct, or redundancy due to company restructuring. If fired without due process, you may be entitled to severance pay or wrongful termination damages.

Employers have a legitimate interest in ensuring productivity and preventing misuse of company resources. However, they must balance this interest with your right to privacy. Monitoring should be clearly outlined in company policies, be proportionate to the legitimate purpose, and not involve intrusive surveillance. If concerned, consult with a legal professional.

All Canadian employees are entitled to a minimum of 10 days of annual leave and 5 days of sick leave per year, as mandated by the Employment Standards Act. However, many provinces and territories have additional rules offering more generous leave provisions. Check your provincial regulations for specific details.

Pregnant and breastfeeding employees have several legal protections in Canada. Employers cannot discriminate against them based on pregnancy or breastfeeding, and they must provide reasonable accommodations like bathroom breaks and designated breastfeeding areas. Additionally, employees are entitled to pregnancy and parental leave to care for their newborn.

In most cases, employers cannot force you to work overtime if you are not under a legally binding agreement requiring it. However, there might be exceptions for emergencies or specific industries with special regulations. If pressured to work overtime against your will, document the situation and seek legal advice. 

If you face a workplace issue, several resources can assist you. You can contact your provincial or territorial labor ministry, union representatives (if applicable), or seek legal counsel from a lawyer specializing in labor and employment law. Don’t hesitate to reach out for help if you feel your rights are being violated.