Employment Law in Canada - Legal Framework, Standards, Acts and Comparison
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This article discusses the legal framework, standards, acts and comparison of employment law in Canada. It covers the Employment Standard Act of British Columbia and Ontario Employee Standard Act. It also provides information about the basic standards of employment, minimum wages, hours of work, overtime pay, public holidays, vacation, and more.
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Running head: EMPLOYMET LAW IN CANADA
EMPLOYMENT LAW IN CANADA
Name of the Student
Name of the University
Author Note
EMPLOYMENT LAW IN CANADA
Name of the Student
Name of the University
Author Note
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1EMPLYMENT LAW IN CANADA
Legal Framework for employment law in Canada
The law of employment in Canada indicates that body of law, which represents the
restrictions, obligation and rights of non-union employers in Canada. In Canada, both
territorial and federal governments have authority over the employment law.
Hours of work, sick days, minimum wages, vacations…all of these are spelt out as
Employment standards. Employment laws of their territory or province protect most of the
workers in Canada about 90%. Each territory and province has its legislation. The other 10%
of Canadian employees work in locations that are federally regulated. Federal labour program
promotes “Healthy, safe, productive and cooperative workplaces,” Basic Workplace standard
by province promotes-minimum wages, public holidays, seek leave, casual leave, pregnancy
and parental leave, overtime, hours of work etc. The labour congress of Canada brought
Canada’s both international as well as national unions, the territorial as well as provincial
federations of labour and 130-district labour council (Abella, 2014)).
Employment standard Act of British Columbia
British Columbia employment standard sets the standard for compensation, payment
and working environment in most workplaces. The employment standard act promotes fair
treatment, open communication and work-life balance for employees.
Working hours and the overtime –
The general working time standard is 8 hours per day or 40 hours for a week. A week is start
from Sunday to Saturday. These work hours may be different if a worker is working under a
variance. Workers can be required to work extra time. The worker who works more than 8
hours a day or works more than 40 hours extra per week requires to be paid double-time for
additional works ("Employment Standards - Province of British Columbia", 2019). The
Legal Framework for employment law in Canada
The law of employment in Canada indicates that body of law, which represents the
restrictions, obligation and rights of non-union employers in Canada. In Canada, both
territorial and federal governments have authority over the employment law.
Hours of work, sick days, minimum wages, vacations…all of these are spelt out as
Employment standards. Employment laws of their territory or province protect most of the
workers in Canada about 90%. Each territory and province has its legislation. The other 10%
of Canadian employees work in locations that are federally regulated. Federal labour program
promotes “Healthy, safe, productive and cooperative workplaces,” Basic Workplace standard
by province promotes-minimum wages, public holidays, seek leave, casual leave, pregnancy
and parental leave, overtime, hours of work etc. The labour congress of Canada brought
Canada’s both international as well as national unions, the territorial as well as provincial
federations of labour and 130-district labour council (Abella, 2014)).
Employment standard Act of British Columbia
British Columbia employment standard sets the standard for compensation, payment
and working environment in most workplaces. The employment standard act promotes fair
treatment, open communication and work-life balance for employees.
Working hours and the overtime –
The general working time standard is 8 hours per day or 40 hours for a week. A week is start
from Sunday to Saturday. These work hours may be different if a worker is working under a
variance. Workers can be required to work extra time. The worker who works more than 8
hours a day or works more than 40 hours extra per week requires to be paid double-time for
additional works ("Employment Standards - Province of British Columbia", 2019). The
2EMPLYMENT LAW IN CANADA
workers must be worked for a minimum of 2 hours a day. They also get paid if they inform to
work as scheduled.
Taking time off –
After completing one year of work, workers get to take leave – time off with pay. The
workers can take an unpaid depart of absence for such things as- their family duties or jury
responsibilities. Workers must give notice to their management if they are incapable of
working due to illness. Management does not have to pay for sick days. If the sick leave is
approved or allowed, then it may not be deducted.
All Canadian provinces have enacted rules that govern the basic standard of employment
which include- employee wages, holiday and vacation pay, leaves of absence, notice period,
hours of work, termination and many others. OESA 2000 Ontario Employee Standard Act
defines the minimum standard of employment in Ontario (Lynk, 2015))
According to the Ontario Employee Standard Act,
Minimum Wage $10.30 ( workers 18 or above)
$9.50 (Worker under the age 18)
Hour of work 8 Hours a day
48 hours a week
Overtime pay for working over 44 hours a
week ( 1.5 times more than regular wages)
Public Holidays 9 days
Vacation 2 weeks after 1 year of employment
4% of wages as vacation pay
workers must be worked for a minimum of 2 hours a day. They also get paid if they inform to
work as scheduled.
Taking time off –
After completing one year of work, workers get to take leave – time off with pay. The
workers can take an unpaid depart of absence for such things as- their family duties or jury
responsibilities. Workers must give notice to their management if they are incapable of
working due to illness. Management does not have to pay for sick days. If the sick leave is
approved or allowed, then it may not be deducted.
All Canadian provinces have enacted rules that govern the basic standard of employment
which include- employee wages, holiday and vacation pay, leaves of absence, notice period,
hours of work, termination and many others. OESA 2000 Ontario Employee Standard Act
defines the minimum standard of employment in Ontario (Lynk, 2015))
According to the Ontario Employee Standard Act,
Minimum Wage $10.30 ( workers 18 or above)
$9.50 (Worker under the age 18)
Hour of work 8 Hours a day
48 hours a week
Overtime pay for working over 44 hours a
week ( 1.5 times more than regular wages)
Public Holidays 9 days
Vacation 2 weeks after 1 year of employment
4% of wages as vacation pay
3EMPLYMENT LAW IN CANADA
Comparison between British Columbia and Ontario employment standard
act in regards to work for an hour:
British Columbia and Ontario both are the Canadian provinces; there are several differences
in their employment standard act.
In the case of British Columbia Employment standard act, workers who works over 40 hours
a week or 8 hours a day must be paid 1.5 times standard wages for extra work. B.C still
follows the 8 hours workdays, but the workers get 1.5 times normal wages for first 4 hours
additional work. After working for twelve hours, each extra hour is paid double (Grundy et
al., 2017).
But in Ontario, workers are paid 1.5 times their standard pay, if the workers work extra 44
hours in a week.
Work for hours British Columbia Ontario
8 hours a day
40 hours per week
Overtime pay over 40
hours in a week (1.5
times standard wages)
8 hours/ day
48 hours in a week
Overtime pay for
exceeding the limit of
44 hours working in a
week (1.5 times
standard wages)
Comparison between British Columbia and Ontario employment standard
act in regards to work for an hour:
British Columbia and Ontario both are the Canadian provinces; there are several differences
in their employment standard act.
In the case of British Columbia Employment standard act, workers who works over 40 hours
a week or 8 hours a day must be paid 1.5 times standard wages for extra work. B.C still
follows the 8 hours workdays, but the workers get 1.5 times normal wages for first 4 hours
additional work. After working for twelve hours, each extra hour is paid double (Grundy et
al., 2017).
But in Ontario, workers are paid 1.5 times their standard pay, if the workers work extra 44
hours in a week.
Work for hours British Columbia Ontario
8 hours a day
40 hours per week
Overtime pay over 40
hours in a week (1.5
times standard wages)
8 hours/ day
48 hours in a week
Overtime pay for
exceeding the limit of
44 hours working in a
week (1.5 times
standard wages)
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4EMPLYMENT LAW IN CANADA
Dream Job and Advertisement
Dream Job and Advertisement
5EMPLYMENT LAW IN CANADA
Cover Letter for Job Application
Name
Email: ******
Mobile: xxxxxx
Dear Hiring Manager,
I am highly dedicated as well as motivated student with effective communicating or
interpersonal skills. I am excited to apply for the position of operational Manager at Aritzia-
Vancouver. Now I am fresher, I have no previous job experience, but I will try to prove myself
when an opportunity comes to me.
Being a student, I have always been more involved with my college community, that helped me
to improve my efficient interpersonal skills. My connectivities with various events, such as
sports, drama, have made me able to work collaboratively with my peers. This experience
helped me to grow effective organisational skill and management of time.
I know it well that you would be receiving lots of application for the particular job, but I would
be very happy if I get the opportunity for expressing my abilities, skills, knowledges to you in-
person.
I think I possess many things to offer to the organization of. Even think that this job will also
help me to improve my interpersonal skills and abilities. Continued growth is an essential part
of my career success, and I am committed to providing top-quality operation support to your
organisation.
Sincerely,
…………...
Cover Letter for Job Application
Name
Email: ******
Mobile: xxxxxx
Dear Hiring Manager,
I am highly dedicated as well as motivated student with effective communicating or
interpersonal skills. I am excited to apply for the position of operational Manager at Aritzia-
Vancouver. Now I am fresher, I have no previous job experience, but I will try to prove myself
when an opportunity comes to me.
Being a student, I have always been more involved with my college community, that helped me
to improve my efficient interpersonal skills. My connectivities with various events, such as
sports, drama, have made me able to work collaboratively with my peers. This experience
helped me to grow effective organisational skill and management of time.
I know it well that you would be receiving lots of application for the particular job, but I would
be very happy if I get the opportunity for expressing my abilities, skills, knowledges to you in-
person.
I think I possess many things to offer to the organization of. Even think that this job will also
help me to improve my interpersonal skills and abilities. Continued growth is an essential part
of my career success, and I am committed to providing top-quality operation support to your
organisation.
Sincerely,
…………...
6EMPLYMENT LAW IN CANADA
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7EMPLYMENT LAW IN CANADA
Resume applying for that a Job:
Address:
Email:
Phone No.
NAME OF THE STUDENT
Resume applying for that a Job:
Address:
Email:
Phone No.
NAME OF THE STUDENT
8EMPLYMENT LAW IN CANADA
Objective
Desire to achieve a good position at your organization.
Where I applying my interpersonal skill and knowledge
to assist the organization and Seeking to establish a
position in the field of business operation. I want to work
in a growth oriented organization and contribute to
development of the organization while upgrading my
skills and knowledge.
Skills &
Abilities
Excellent in communication both in written as
well as verbal
Good command of the English language
Ability to handle pressure
Strong leadership and motivational skill
Ability to handle team
Ability to address organizational opportunities
and problems.
Proficiency in all areas of computer programming
and Microsoft office
Ability to develop and implement policies and
procedure
Education
[Punjab University Chandigarh, India, B.A]
I have completed my graduation in Mathematics and Economics from
Punjab University Chandigarh in the year 2016. CGPA: 3.13
Training
Certificate
Objective
Desire to achieve a good position at your organization.
Where I applying my interpersonal skill and knowledge
to assist the organization and Seeking to establish a
position in the field of business operation. I want to work
in a growth oriented organization and contribute to
development of the organization while upgrading my
skills and knowledge.
Skills &
Abilities
Excellent in communication both in written as
well as verbal
Good command of the English language
Ability to handle pressure
Strong leadership and motivational skill
Ability to handle team
Ability to address organizational opportunities
and problems.
Proficiency in all areas of computer programming
and Microsoft office
Ability to develop and implement policies and
procedure
Education
[Punjab University Chandigarh, India, B.A]
I have completed my graduation in Mathematics and Economics from
Punjab University Chandigarh in the year 2016. CGPA: 3.13
Training
Certificate
9EMPLYMENT LAW IN CANADA
Two Behavioral Questions for this interview
What you do when your team member denies completing his quota of the work?
When team conflict arises, I always try my best to minimise this conflict situation
according to my common sense and the acquired knowledge from articles on the team
handling expertise. One time, when I was working on a group project, two of my
group member got embroiled in an argument, they both denying to complete their
tasks. They were both dissatisfied with their workload. In that time, I arranged a
group meeting where we tried to motivate them to work when they still were not
working; we reallocated the task among all the group members. This strategy made
everyone happier as well as productive, and our assignment was a success.
Provide an Instance of how you worked on a team?
Once I was assigned to work in a team formed by the general secretary of our college
consisting seven members where we instructed to prepare some posters for the event
where I used to do what I was asked of through collaborating with others in a friendly
manner with sharing each other’s views ideas and all.
Two Situational Questions for this interview
Are you familiar with Cost analysis tools? Describe any one tool you have experience.
Yes, I have some idea about cost analysis tools. It is a procedure of structuring the
cost to uphold the process for strategic planning, reduction of cost with efficient
decision-making through measuring recurrent direct and indirect costs. It includes
four basic tools, Lifecycle, Estimates, Cost-Benefit Analysis, Efficiency, as well as
Cost Effectiveness (Vasile & Croiteru, 2013).
Two Behavioral Questions for this interview
What you do when your team member denies completing his quota of the work?
When team conflict arises, I always try my best to minimise this conflict situation
according to my common sense and the acquired knowledge from articles on the team
handling expertise. One time, when I was working on a group project, two of my
group member got embroiled in an argument, they both denying to complete their
tasks. They were both dissatisfied with their workload. In that time, I arranged a
group meeting where we tried to motivate them to work when they still were not
working; we reallocated the task among all the group members. This strategy made
everyone happier as well as productive, and our assignment was a success.
Provide an Instance of how you worked on a team?
Once I was assigned to work in a team formed by the general secretary of our college
consisting seven members where we instructed to prepare some posters for the event
where I used to do what I was asked of through collaborating with others in a friendly
manner with sharing each other’s views ideas and all.
Two Situational Questions for this interview
Are you familiar with Cost analysis tools? Describe any one tool you have experience.
Yes, I have some idea about cost analysis tools. It is a procedure of structuring the
cost to uphold the process for strategic planning, reduction of cost with efficient
decision-making through measuring recurrent direct and indirect costs. It includes
four basic tools, Lifecycle, Estimates, Cost-Benefit Analysis, Efficiency, as well as
Cost Effectiveness (Vasile & Croiteru, 2013).
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10EMPLYMENT LAW IN CANADA
I have more idea about Cost-Benefit Analysis tool, which compares the expected
costs with the benefits. It is used to calculate the number of benefits over costs. In the
calculation of CBA, both costs, as well as the benefits, are represented as monetary
values, and for future costs, benefits are converted in present value with the use of
discount rate (Atkinson, 2015).
What is Budget planning? How do you handle it systematically?
Budget planning refers to the procedure where an organisation or individual try to
compare income with expenditure to plan for future monetary allocation for further
growth (Dudin et al., 2015).
During the preparation of the budget, I will first identify my goal then will try to
review whatever resources I possess and will detect the kind or amount of costs are
associated with the goal. Therefore, depending on the collected information, I will
generate a budget (Thomas, 2015).
Some HR technologies and their benefit
Applicant Tracking System-It is used to advertise the job vacancies on portal or websites
screen the resumes, generate interview questions, and send requests through the mail and
other (Meier, 2017).
Employee Referral Software-This permits HR to gather recommendations regarding the
potential as well as current candidates (Burks et al., 2013).
Employee Assessment Software-It helps to assess which candidate is suitable for the vacant
position (Bryant & Allen, 2013).
Candidate Relationship Management-It enables the recruiters to keep storage of positive
and potential candidates, which could be brought for considering (Al-khozondar, 2015).
I have more idea about Cost-Benefit Analysis tool, which compares the expected
costs with the benefits. It is used to calculate the number of benefits over costs. In the
calculation of CBA, both costs, as well as the benefits, are represented as monetary
values, and for future costs, benefits are converted in present value with the use of
discount rate (Atkinson, 2015).
What is Budget planning? How do you handle it systematically?
Budget planning refers to the procedure where an organisation or individual try to
compare income with expenditure to plan for future monetary allocation for further
growth (Dudin et al., 2015).
During the preparation of the budget, I will first identify my goal then will try to
review whatever resources I possess and will detect the kind or amount of costs are
associated with the goal. Therefore, depending on the collected information, I will
generate a budget (Thomas, 2015).
Some HR technologies and their benefit
Applicant Tracking System-It is used to advertise the job vacancies on portal or websites
screen the resumes, generate interview questions, and send requests through the mail and
other (Meier, 2017).
Employee Referral Software-This permits HR to gather recommendations regarding the
potential as well as current candidates (Burks et al., 2013).
Employee Assessment Software-It helps to assess which candidate is suitable for the vacant
position (Bryant & Allen, 2013).
Candidate Relationship Management-It enables the recruiters to keep storage of positive
and potential candidates, which could be brought for considering (Al-khozondar, 2015).
11EMPLYMENT LAW IN CANADA
12EMPLYMENT LAW IN CANADA
References:
Abella, J. R. S. (2014). Employment equity in Canada: The legacy of the Abella report.
University of Toronto Press.
Al-khozondar, N. (2015). Employee relationship management and its effect on employees
performance at telecommunication and banking sectors. Employee relationship
management and its effect on employees performance at telecommunication and
banking sectors.
Atkinson, G. (2015). Cost–benefit analysis: a tool that is both useful and influential?. In The
Tools of Policy Formulation. Edward Elgar Publishing.
Bryant, P. C., & Allen, D. G. (2013). Compensation, benefits and employee turnover: HR
strategies for retaining top talent. Compensation & Benefits Review, 45(3), 171-175.
Burks, S. V., Cowgill, B., Hoffman, M., & Housman, M. G. (2013). The facts about referrals:
Toward an understanding of employee referral networks. Available at SSRN 2253738.
Dudin, M., Kucuri, G., Fedorova, I., Dzusova, S., & Namitulina, A. (2015). The innovative
business model canvas in the system of effective budgeting. Asian Social
Science, 11(7), 290-296.
Employment Standards - Province of British Columbia. (2019). Retrieved 24 October 2019,
from https://www2.gov.bc.ca/gov/content/employment-business/employment-
standards-advice/employment-standards
Grundy, J., Noack, A. M., Vosko, L. F., Casey, R., & Hii, R. (2017). Enforcement of
Ontario's Employment Standards Act: The Impact of Reforms. Canadian Public
Policy, 43(3), 190-201.
References:
Abella, J. R. S. (2014). Employment equity in Canada: The legacy of the Abella report.
University of Toronto Press.
Al-khozondar, N. (2015). Employee relationship management and its effect on employees
performance at telecommunication and banking sectors. Employee relationship
management and its effect on employees performance at telecommunication and
banking sectors.
Atkinson, G. (2015). Cost–benefit analysis: a tool that is both useful and influential?. In The
Tools of Policy Formulation. Edward Elgar Publishing.
Bryant, P. C., & Allen, D. G. (2013). Compensation, benefits and employee turnover: HR
strategies for retaining top talent. Compensation & Benefits Review, 45(3), 171-175.
Burks, S. V., Cowgill, B., Hoffman, M., & Housman, M. G. (2013). The facts about referrals:
Toward an understanding of employee referral networks. Available at SSRN 2253738.
Dudin, M., Kucuri, G., Fedorova, I., Dzusova, S., & Namitulina, A. (2015). The innovative
business model canvas in the system of effective budgeting. Asian Social
Science, 11(7), 290-296.
Employment Standards - Province of British Columbia. (2019). Retrieved 24 October 2019,
from https://www2.gov.bc.ca/gov/content/employment-business/employment-
standards-advice/employment-standards
Grundy, J., Noack, A. M., Vosko, L. F., Casey, R., & Hii, R. (2017). Enforcement of
Ontario's Employment Standards Act: The Impact of Reforms. Canadian Public
Policy, 43(3), 190-201.
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