Osler`s employment and work team can help. Learn more at osler.com/employment 9.2 What is the procedure for work-related claims? Is mediation mandatory before a complaint can be filed? Does an employee have to pay a fee to file a claim? 6.3 What is the protection of workers from dismissal? Under what circumstances is a worker considered to be dismissed? Is third party consent required before an employer can lay off? As has already been said, there are no “at-will” jobs in Canada. The legal obligations of employers in relation to dismissal depend in part on whether the employee is dismissed with or without reason. A non-unionized worker may file a complaint under labour standards law or take legal action if he or she feels that his rights and rights relating to his dismissal have not been respected. 1.5 Are the statutory minimum conditions of employment set for employers set by law? An employment contract must have a number of characteristics. Agreements with independent contractors must be carefully structured to avoid the creation of labour relations. In Canada, audit bodies carefully review independent contractor agreements and regularly treat individuals as dependent contractors or employees, regardless of the characterization of their relationships by the parties. Under Canadian labour law, the practice of the parties may be decisive for the outcome, regardless of the written terms of the “independent” contract. Unwritten factors, such as exclusivity and economic dependence, are hallmarks of labour relations.
Employers entering into independent contractual agreements should seek legal advice on how these agreements can be structured (and enforced) in Canada to reduce the risk of an angry former contractor claiming that he or she is indeed a contractor or salaried worker. If these allegations are successful, the employer does not have an employment contract that limits the rights of individuals to the legal minimums and may be required to grant them leave pay, leave pay, overtime or full termination. Agreements with independent contractors should, among other things, compensate the company for any decision, injunction, debt or assessment resulting from the finding that the person was a worker. 1.4 Are certain conditions implied in employment contracts? Although the employment contract was generally signed at the beginning of the relationship, it is not necessarily frozen in time. Instead, it often develops after the first hire. New and amended contractual terms may occur when a worker has been with an employer for a long period of time and changes such as promotions, organizational restructuring, pay increases and other factors that have been explicitly agreed upon or by the conduct of the parties have occurred. Instead of such termination, minimum legal standards apply for termination or payment. An employment contract should provide for at least as many redundancies as required by law. If a clause contravenes the minimum legal standard of termination, a court may replace the clause with a common law notice, which is much longer than that provided by current legislation. However, most provincial labour standards also require that a worker`s advance be recognized by the seller in order to determine the minimum legal right to dismissal the worker in the event of termination (a worker`s right to dismissal under existing provincial labour standards legislation is likely to be much less than the worker`s right to notice of dismissal under the common law.