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Labour Law is a body of law that legalizes the rights, restrictions, and obligations of trade unions, workers, and employers in Canada. It comes under the Common law (or, in Quebec, the Civil Code). In fact, the labour-related legislation provides procedures for labour protection and safety, and improves dignity of labourers working in Canada. Both authorities, the federal government and the provincial government, rule over labour law in Canada. Exclusive jurisdictions over employment in specific industries like Banking, radio and TV broadcasting, inland and maritime navigation and shipping, inland fishing, and other forms of transportation across provincial boundaries have been given to the federal governments by the constitution.
One of the most important labour laws prevalent in all provinces is Rand Formula. The legal notion permits employees in unionised workplaces to relinquish union membership. Such employees need to pay an equivalent of their basic union alimony.
The labour laws and regulations cover terms and conditions of workers, employee representation and industrial relations, discrimination, maternity and family leave rights etc. There are workers in Canada characterising on the basis of dependent contractors or independent contractors while some are non-unionised and unionised employees. The labour laws prohibit discrimination based on age, ethnicity, gender, race, and other socio-economic grounds under the prescribed regulations of Canadian Human Rights Act (CHRA). In this way, about 90 per cent of workers get protection from the labour legislations in their respective provinces or territories. The federal government only has jurisdiction over specific works or in exceptional cases and undertakings within exclusive federals constitutional jurisdiction, such as shipping, banks and railways. Employment law is almost similar in all the provinces of Canada.
There are labour laws. Their regulations fall under the Department of Justice Canada. They protect the rights of four designated groups workers such as aboriginal people, women, people with disabilities, and visible minorities. These wage earners are liable to get several benefits under the employment standards legislation, including public holiday pay, overtime pay, and protected leaves of absence.
Also, workers are entitled not to be dismissed without sufficient cause or reasonable notice of employment termination regulations. Every worker is covered with the Canada Pension Plan and Employment Insurance contributed by each employer in the behalf of one’s employee.
If you feel that your employment rights are violated, take help of any qualified labour lawyer. The attorney legal experts give you much needed advices depending on the province of employment.
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