You have rights as a worker in Canada regardless of whether you are an independent contractor, a temporary employee, or you are salaried from a business or company. Due to the unfortunate fact that many people are not even aware of their rights and obligations at work, having an Employment Lawyer Calgary by your side will tremendously help you to safeguard your best interests.
Worker rights have been advancing throughout history all throughout the world, and in Canada, they were won thanks to several demands by other workers. Maintaining those rights is essential in a working relationship to make sure that everyone has a fair working environment and can do their jobs as effectively as possible.
It is possible that your worker rights are frequently violated without your knowledge. Furthermore, if you happen to know, you can be persuaded not to pursue your rights out of concern for your livelihood.
But first, we need to understand what rights you are entitled to in the workplace in Canada. What does it mean to you personally? We’ll examine them in the topics that follow and see how they can greatly help you throughout your life.
Human Rights and Employment
There are numerous documents that are legally enforceable that outline your rights as a worker in Canada. That encompasses everyone, including citizens, long-term residents, and temporary visitors.
The Canadian Human Rights Act is the first significant document we must examine. Your right to be treated equally in any employment or service that falls under federal authority is protected by this document. It basically means that you are immune to discrimination whether you work for or get any services from the federal government, first nation governments, or privately run businesses that are subject to federal regulation. They must treat everyone fairly, regardless of their race, ethnicity, sexual preference, gender, or other characteristics.
The obligation to accommodate is also a part of this. The obligation to accommodate relates to any needs based on the grounds of discrimination, and it entails that workplaces adapt their environment or tasks to allow employees to execute their jobs on a daily basis. Companies are allowed, however, to claim undue hardship. This means that if there is enough reason for a company to claim that adapting their workplace or tasks will bring hardships that will negatively and critically impact their operations, and they are able to prove it, they may not need to accommodate their employee. An example is a small delivery company not being able to retain in their payroll a driver who develops an illness that makes it impossible for him to drive anymore. To bets understand if this applies to a specific case, it is always better to have the opinion of lawyers in Calgary.
Equity in the Workplace
Workers in Canada must receive equitable treatment as per the Employment Equity Act. Specifically, recognised minority groups or groups who historically experienced unfair treatment and were not afforded the same possibilities to further their professions and lives are entitled to equal employment opportunities. These groups include women, aboriginal People, people with disabilities, and members of visible minorities.
The Federal Contractors Programme, which is designed to offer equal opportunities to the four categories mentioned above, is similar to the Employment Equity Act. However, it only applies to “employers that fall under the jurisdiction of a province and have been awarded a federal government contract for goods and services of $1 million or more.”
The Legislated Employment Equity Programme, or LEEP, is another crucial document. It mandates that regulated companies and organisations disclose the number of members of the four aforementioned groups who are employed there. It guarantees adherence to certain regulations.
Being Foreigner and Your Rights
As mentioned, the law safeguards all workers, including those who are foreign.
Every foreign worker has the right to be paid for their labour, to work in an environment that is safe, devoid of prejudice, and that provides the necessary tools for them to do their jobs. Foreign workers have the right to retain their passport and/or work permit as well, that is, not surrender them to their employer.
The federal government, banks, enterprises that carry commodities between provinces, telecommunications providers, and the majority of businesses owned and operated by the federal government are all covered by federal employment regulations. The majority of other professions are regulated by provincial and territorial regulations.
Every employee in Canada is also guaranteed three fundamental rights: the right to be informed about potential risks at work, the right to help keep the workplace safe, and the right to refuse to perform tasks they deem to be hazardous to their health or the health of their coworkers.
Your worker rights must always be upheld, and having an employment lawyer on your side when you feel your rights have been violated or denied is your best line of defence to safeguard your interests. Employment lawyers are qualified legal experts who are familiar with the intricacies of the law and will put their expertise and experience for you.