If you are employed with a ‘federally regulated employee,’ then the rights and obligations pertaining to your employment contract and relationship are governed by the Canada Labour Code (the “Code”). The Code sets minimum standards to protect workers’ rights, including with respect to minimum wage, statutory vacation, payment of wages, and notice of termination.
Employees that are considered federally regulated by the Code, include those that work for any of the following industries:
-railways (i.e., Canadian Pacific Railway);
-telecommunications (i.e., Rogers or Bell Media);
-pipelines (i.e., Enbridge);
-air transport (i.e., Air Canada)
-most Crown Corporations.
The standards prescribed by the Code are not all applicable to managerial and supervisory employees. The hours of work provisions of the Code do not apply to employees who are managers or superintendents or who exercise management functions, nor do these provisions apply to members of architectural, dental, engineering, legal or medical professions. Managers are also excluded from coverage under the unjust dismissal provisions of the Code.
Termination of employment
Employers are required to give two weeks notice of termination, or two weeks’ pay in lieu thereof, except where the employee is dismissed for just cause. Employees must have been continuously employed for at least three months to qualify for notice or pay in lieu.
If an employer intends to terminate the employment of 50 or more employees in an industrial establishment within any four-week period, at least 16 weeks’ advance notice must be given in writing to the Minister of Labour.
After 12 or more months of continuous employment, an employee who is not a manager or subject to a collective agreement and who has been dismissed may make a written complaint of unjust dismissal with the Department. The complaint must be filed no later than 90 days from the date of the dismissal.
If you are a federally-regulated employee working in any of the above-noted industries, please contact Goldstein Law for more information regarding your employment rights and obligations.