Canada Industrial Relations Regulations
such as the elimination of forced labour and child labour, workplace health and safety, industrial relations and employment standards. Regulations are current to and last amended on Previous Versions. Enabling Act: CANADA LABOUR CODE. Notes. Thus Labour Law and Industrial Relations in Canada, is your answer to the most detailed resource aid available on the subject. This book is an offprint from the.
Modern labour law provides greater stability and ensures more orderly production by regulating the strike, replacing its use as an instrument of persuasion by the process of certification; replacing its use as an instrument of relief by the process of arbitration; and restricting its use as an instrument of negotiation to a variety of timeliness requirements.
It was not until that a full national system of collective labour-relations law was established by the federal government, exercising its wartime emergency powers to legislate in spheres ordinarily reserved for provincial legislation by promulgation of regulation PC These statutes, variously called labour codes, labour or industrial-relations acts or trade-union acts, are all rooted in PC and are based on the idea, expressed in the preamble to Part V of the Canada Labour Code, that "the common well-being" is promoted "through the encouragement of free collective bargaining and the constructive settlement of disputes.
In the Canadian industrial relations system, collective bargaining generally takes place at the plant level between a single employer and its employees, although in certain sectors construction, broad based multiemployer industry wide bargaining takes place. The Canada Labour Code and each cognate provincial statute protects the right of employees to join the union of their choice by making it an unfair labour practice for an employer to discriminate against employees for joining a trade union or participating in any of its lawful activities.
Moreover, the employer is required by law to bargain in good faith with the union chosen as bargaining agent by a majority of his employees. To protect these rights each statute provides for the appointment of a labour relations board, to which complaints of unfair labour practices may be taken and which, upon application filed by a trade union to be certified as a bargaining agent, decides whether a majority of the employees in question wish to be represented by that union.
In deciding whether to certify a union, the board must determine the "appropriate bargaining unit," - ie, the group of employees by whom and for whom the selection of the bargaining agent is to be made. Once the appropriate bargaining unit is determined, the labour relations board must ascertain the wishes of the majority by examining dues, receipts and other evidence of membership in the union or by administering a secret-ballot vote, or both.HN2100 - Unit 2 Part 1 - A Brief History of Canadian Labour Relations
In addition to the legislation there are regulations, practices, countless decisions by labour boards and many court judgements that make up the labour law governing unfair labour practices, union certification and the duty to bargain in good faith. Once a union has been certified it is entitled to require the employer to meet with its representatives and bargain over the terms and conditions of employment that will form the collective agreement for the employees in the bargaining unit.
If no collective agreement is reached by that process, and in some provinces after a STRIKE vote, the employees can lawfully strike.
In some jurisdictions an employer is entitled to have its final offer presented directly to the employees and voted upon, whether before or after strike action has been taken.
Legally, a strike is a concerted withdrawal of labour; at that same point in the process the employer can legally lock the employees out. Usually in a strike or lockout everybody loses something: It is generally believed that the fear of this mutual loss is the driving force behind collective bargaining. In most cases the union and the employer sign a collective agreement without a strike. The agreements must be of at least one year's duration, and depending on the economic climate, may extend for up to 3 or more years.
During that time any strike or lockout is illegal and no other trade union may seek to represent employees in the bargaining unit, nor may employees seek to terminate the trade union's bargaining rights.
When the agreement expires the process of collective bargaining, conciliation and strike or lockout starts again. It is only in the interim, or "open" period between collective agreements that provision is made for employees to seek to terminate a trade union's bargaining rights, or for another trade union to apply to be certified as a bargaining agent of the employees in the bargaining unit, displacing the existing certified bargaining agent.
Strikes are usually lawful and peaceful and are concluded by the signing of a collective agreement, but not necessarily. If the employer wins the strike or lockout so completely that no collective agreement is reached, the employees' jobs are protected only by the unfair labour-practice laws and individual employment law.
Aside from the legal aspects of strikes, their economic, political, social and personal implications may be very important. The interest arbitrator's function is to establish the terms of the collective agreement upon which the parties have been unable to agree, usually the amount of the wage increase, but certain nonmonetary conditions of employment can be equally or even more contentious. All Canadian provinces have enacted employment standards legislation which sets forth the statutory minimum notice of termination and severance pay in the case of Ontario and federal jurisdiction which must be given to employees in the event of the termination of their employment without just cause.
Notice of termination can be given either in time working noticein money pay in lieu of notice or a combination of both. In Canada, employees are also entitled to receive a reasonable notice of the termination of their employment.
This type of arrangement could be challenged by the employees on the basis that the employer is not fulfilling its obligation to provide work to its employees. In what circumstances is an employee treated as being dismissed?
Canada Industrial Relations Board Regulations,
Is consent from a third party required before an employer can dismiss? Dismissals based on prohibited grounds of discrimination are illegal. Employees can file complaints before human rights tribunals or labour boards in order to contest the termination of their employment if it was based on a prohibited ground of discrimination.
The same protection applies to employees of federal undertakings who have accumulated 12 months of continuous service or more and to employees in the province of Nova Scotia who have accumulated 10 years of service or more. Consent from a third party is not required before a dismissal takes place.
Yes, several categories of employees are protected such as pregnant workers, disabled workers and those that are the subject of retaliation for having exercised their legal rights.
- Employment & Labour Law 2018 | Canada
- Labour Law
All jurisdictions in Canada prohibit discrimination based on race, national, ethnic or place of origin, colour, creed, marital status, physical or mental disability, sex and family status in certain provinces. In addition, employees subject to a collective bargaining agreement or to an employment contract may enjoy special protection against dismissal depending on the terms of the contract.
Are employees entitled to compensation on dismissal and if so how is compensation calculated? Employers are entitled to dismiss for reasons related to the individual employee or for business-related reasons, so long as those reasons do not violate an applicable employment agreement or laws prohibiting discrimination or retaliation.