business_law_final_20240407170712 Flashcards

Question

Work breaks

Answer 1

30 minutes unpaid for meals for every 5 hours of work (must be paid if they cant leave work station

Answer 2

Employee must have 32 consecutive hours of rest per week

Answer 3

Must be over 14 ad cannot conflict with their education. (review all the requirements)

Answer 4

Less than one year = 1 day per month. year of service = 2 weeks and 1 week upon request. 3 years of service = 3 weeks

Answer 5

Can miss 26 weeks in 12 months, must be re-integrated into a post or a comparable post so the employee isn't penalized for being sick. Constructive dismissal

Answer 6

When an employee is deemed to have been fired without notice because employers made major changes to working conditions.

Answer 7

Notification of one party to another of their intention to end the employenet and it is acceptable for one party to provide financial compensation to replace notice

Answer 8

Less than one year (but more than 3 months) = 1 week; 1 to 5 years = 2 weeks; 5 to 10 years = 4 weeks; 10 years or more = 8 weeks. Doesn’t apply if: less than 3 months, contract for fixed term or undertaking, commited serious fault, superior force

Answer 9

WHAT DOES THIS MEAN

Answer 10

Governor in council (cabinet) given the power to exclude ppl from canada based on race (Remained availabile until immigration act in 1978)

Answer 11

1) Unequal distribution of canadian immigration offices abroad (bias against south). 2) Unequal VISA application requirements 3) Taxing immigrants --> processing fee, right of permanent residence fee (500$) this impacts people from the global south and is often a limiting factor

Answer 12

1. Canadian citizens and permanent residents (can be revoked if they lose their qualification) ; 2. Foreign national (only if authorized to do so under refugee protection act)

Answer 13

If they maintain a valid temporary resident status (Immigration and refugee protection regulations). Or if they have a study permit (limit of 20 hrs during academic year) or visitors (unclear)

Answer 14

An activity for which wages are paid or commission is earned or that is in direct competition with the activities of canadian citizens or permanent residents. IIRC guidance helps define these terms.

Answer 15

Open work permit and employer-specific (closed) work permit

Answer 16

- Allows the holder to work for any employers in canda including oneself (some exceptions) For: International student who graduated from designated learning institution and spouse or common-law partner of a skilled worker/international student Restrictions: can't work for employers who: offers striptease, erotic dance, escort, erotic massages, listed ineligible on list of employers who have been found non-compliant. To prevent sex trafficking as these ppl can be vulnerable

Answer 17

- Holder can work according to conditions stated in the permit (no sex work or non-compliant employers) - Any change requires new work permit (pay increase >20%, promotion leading to job title change, etc)

Answer 18

- follow guidelines in Immigration Regulations Inspected for compliance (3 triggers): 1) known past non-compliance, check to see if they changed ways; 2) Random selection from those participating in hiring foreign workers; 3) Reason to suspect such as media, complaint, etc Can last up to 6 years

Answer 19

- Maintain document related to conditions - if found non-compliant, might be issued warning, monetary penalty, banned from hiring foreign workers for certain period ( Could criple business if reliant on them)

Answer 20

So you can pick an employer (check eligibility) and to embarrass the company

Answer 21

physical harm, unsafe work, unsanitary conditions in employer-provided housing, sexual comments/touching, stealing, stopping you from seeing ppl, taking money, insults, intimidation, forcing you to commit fraud, charging you fees for a job There are societies which help victims of abuse find a work permit from another employer

Answer 22

- 77 employees of Denny's filed class action for failing to pay OT and breaching employment contract - most form Philippines - Need to pay recruitment company to get job - Some said that Denny's told them to retract statements to keep position and work permit

Answer 23

- Court said there could be no repercussions against employee participation, sent to mediation and settled - since they are required to be given 37.5-40Hrs a week, Denny's had to cover shortfall, pay all unpaid overtime, pay air costs if they fail to maintain and go home, 30k donation to charities, 40k to local children's charity, legal fees, disbursements paid to employees' lawyers

Answer 24

- 16 weeks of exploitation and sexual abuse, worker filed a complain. - Signed contract with Mr, live in residence, deductions for sitting, breaks, even meals, yelled abuse, - put lotion on his penis and made her stroke (?) - Visa was only 3 months but she didn't know - slept on couch, - not given her own food - cell but no way of contacting family

Answer 25

- 50k award - tried to put her in a position she would be in if the discrimination didn't occur - Awarded lost wages - Unlikely to see money (MR and FR appeared via video call from asia)

Answer 26

- couldnt work because she entered on a visitor visa, original request for temporary residence was declined but was given discretionary permit after a review was requested.

Answer 27

1966, make french language for education, business, etc in quebec.

Answer 28

- Quebec desire to live in french and preserve the language - 80% of population in quebec had french as their first language - Immigrants choosing english 80% of the time though

Answer 29

Office quebecois de la langue francaise Inform companies of responsiblities and oblications. Inform customers, promote vitality of french, activities and festivals, can complain if your rights arent respected

Answer 30

Some parts were changed but it was mostly approved because french is not a major language in Canada therefore they want to preserve it. Restrict but not erase

Answer 31

Fell threatened, NA speaks english (except mexico), french is heart of culture, taste of Europe, Quebec is different from rest of NA

Answer 32

Low birth rates among francophones, immigrants joining at high rates, English main language in business and workplace.

Answer 33

- Employees have right to wokr in french. French must be used for: 1. Written communication 2. offers of employment/promotion 3. Employment offers in newspaper in another language must also be in french 4. Collective agreements 5. Written communication of employee associations

Answer 34

cannot fire, demote, transfer employee for sole reason that: Only speak french, employee has insufficient knowledge of another language, employee requests a right from chapter VI of the CFL to be respected

Answer 35

- A unilingual francophone call center worker was laid off just as the company was hiring several bilingual call center workers - An important client had just taken its business away from the call center, significantly reducing the volume of French calls - There was a simultaneous increase in English calls - The employer resorted to temporary layoffs to unilingual francophone employees

Answer 36

- The fact that the employee is a unilingual francophone, laid off just as bilingual employees were hired, creates a presumption that these people were laid off because they are unilingual French speaker - The employer must therefore show that the fact that the employee is a unilingual francophone is not the sole reason of the lay-off and that there is another serious reason for the lay-off - Here, the reason for the lay-off was in fact the change in the volume of French calls and English calls

Answer 37

- A daycare worker receives instructions form a parent to speak to his child only in English - he daycare worker raises this with her manager, who instructs her to speak to the children of the group in both languages - There follows a heated exchange between the worker and her manager about the use of English in activities, following which the daycare worker is fired

Answer 38

The CFL doesnt cover this situation, the worker is french and english, cannot request their rights from CFL

Answer 39

- Cannot require candidates for a position to have specific knowledge of another language unless it is in the nature of duties of the position - Cannot be a mere advantage of knowing another language, it must be necessary

Answer 40

- A building maintenance worker applied for a position in a small hotel - The hotel owners speak Punjabi and French, and the clientèle is 40% English-speaking - During the interview, which was conducted in French, he is asked whether he speaks English, and he objects to the question - The position is reposted with a requirement to speak --- English and the candidate made a complaint

Answer 41

- employer did not respect CFL, a building maintenance worker does not need to speak English - The complaint was determined to be well-founded, and the employer was ordered to pay $1,000 in moral damages and $2,000 in punitive damages - The goal of damages: Put the plaintiff back into the position that they were in before they suffered the loss

Answer 42

Moral damages: damages to the person’s well-being,harder to quantify Punitive damages: punish the wrongdoer for not following the law, with the hope that it will be a disincentive for them to re-offend

Answer 43

- Cosette was not hired as a security guard at the Casino de Montréal due to poor English proficiency - The Casino seeks to cater to tourists and to compete with casinos outside Québec, and 13% of its clientele is English-speaking - Cossette argued that she should not be denied her right to work in French just because the Casino was deliberately choosing to target tourists from outside Quebec

Answer 44

- Reasonable to have linguistic requirement as this is a high-risk environment that may require conflict resolution which may need to be done in English. - Findings: the tasks of a security agent involve a significant component of communication with the public and the Casino’s clientele and its marketing objectives can justify the use of linguistic requirements for its staff - The linguistic requirement was not unreasonable or unjustified

Answer 45

The objective of Ch. V of the CFL is to “generalize the use of French at all levels of enterprises”

Answer 46

- francization committee of 6+ ppl - Analyzes language situation of company and makes a report to OQLF - if french is generalized at all levels, OQFL issues "francization certificate" - Rare for french to be generalized and OQFL can require the company to adopt a francization program

Answer 47

The francization program is intended to generalize the use of French by: - Ensuring that management, professionals, and others have knowledge of French - Hiring employees with a good French-speaking level - Making French the language of work and internal communications - Producing working documents in French - Communication with stakeholders in French - Using French on public signs and advertising

Answer 48

- Register with OQFL and give an analysis of linguistic situation - OQFL can issue francization certificates, butit requires a francization program or require a committee

Answer 49

OQFL can require on an exceptional basis to implement francization program with ministry approval

Answer 50

Submit progress reports every 3 yeras. Penaltys: fines and damages

Answer 51

- Two pharmaceutical companies applied for a francization certificate - OQLF required that the companies provide software to employees only in French - The companies wanted to be able to provide access to English software on request - In order to generalize the use of French, is an employer required to offer software and other work tools only in French? - Applicable law: 52.1. All computer software, including game software and operating systems, whether installed or uninstalled, must be available in French unless no French version exists. - Software can also be available in languages other than French, provided that the French version can be obtained on terms, except price where it reflects higher production or distribution costs, that are no less favourable and that it has technical characteristics that are at least equivalent.

Answer 52

The OQLF may require that working documents and programs be provided in French However, nothing prohibits an employer from offering other options as well to its employees The employer can use other means to promote the use of French in the workplace, without prohibiting the use of English software

Answer 53

Contracts pre-determined by one party, contracts containing printed standard clauses, and the related documents, must be drawn up in French. They may be drawn up in another language as well at the express wish of the parties.

Answer 54

Document issued by a government which grants a right of exclusion to an inventor for a given period, in exchange for a complete description of the invention A patent does not give the right to use an invention

Answer 55

A product → new compound A composition → chemical composition comprising the new compound A machine → machine for making the new compound A process → method for making the new compound An improvement on any of these

Answer 56

newness, non-obvious, patent subject matter, useful

Answer 57

Visual features of shape, configuration, pattern or any combination - protect how something looks but not how it functions - protect = stops commercialization

Answer 58

Exclusive legal right to produce, reproduce, publish or perform an original work - provides protection for literary, artistic, dramatic or musical works and other subject-matter known as performar’s performances, sound recordings, and communication signals - more creative

Answer 59

- Can be a sign or combination of signs (e.g.,words, sound or designs) used to distinguish the goods or services of one person or organization from those of others - Main use = inform consumers of the source of certain goods or services - Tries to prevent what is known as confusion in the marketplace → avoid confusion of source

Answer 60

Limited to certain goods/services (can be used in different area of business). e.g. someone can open a nuclear reactor seller named second cup and it would likely be ok because it is unlikely an average buyer would surprise themselves (and if you are purchasing nuclear reactor you are likely not an average purchaser)

Answer 61

hologram, moving image, scent, traste, texture, colour, sounds, positioning of sign, Canada has few of many of these

Answer 62

Trade secrets include any valuable business information that derives its value from secrecy

Answer 63

- Obtain value from secret - Keep info a secret - Take all possible measures to ensure the business info is secret

Answer 64

- technology - brand name/logo - Any works you are currently using (logo, slogal, website, text, pictures, pamphlets, computer programs_

Answer 65

1. Adds value to business and Product/service 2. Can obtain licensing agreement from competitors 3. Prevent competitors from commercializing your technology/product

Answer 66

Inventor = person who created the invention Author = person/people who helped write the copyright

Answer 67

- Owner is presumed to be the employer if work was made in the course of employment, unless there is an agreement stating the contrary - Examples of the employer being the owner: Computer code drafted by an employee programmer Logo created by an employee Pertain to works

Answer 68

- Owner is presumed to be the employee unless: There is a contract expressly stating otherwise; or The employee was specifically hired to invent or innovate - Pertain to inventions - Examples of employer being the owner: New car braking system created by employee whose contract states that employer is the owner Chemical compound created by an employee researcher specifically hired to create said compound (e.g. pain releaving med)

Answer 69

For both patents and copyrights, the owner is presumed to be the inventor/author, or the company under which they are employed, unless agreed otherwise

Answer 70

Cost of filing/registering/maintaining a patent/trademark/industrial design vs the value gained

Answer 71

Unregistered trademarks do provide some protection, but it is limited E.g. unregistered trademarks require proof of goodwill, and enforceability is limited to the geographic area in which said goodwill has been proven

Answer 72

Patents: - Lasts 20 years from filing date - Can be difficult and/or expensive to obtain/maintain - If you file for a patent and then it gets denied, you can’t claim that it is a trade secret because people would have seen the application so it is no longer a secret Trade secrets: - Can last indefinitely (until secret is revealed) Information must be kept secret (which can be difficult/costly)

Answer 73

- Specifically mention who owns IP created by employee or third party. Must be signed and in righting - Waiver of moral rights → rights that the author has in their work that will always remain with them and cannot be transferred to someone else. Can waive their rights against certain people, “employee hereby waives any moral rights” - right to remain anonymous - right of integrity (work cannot be defaced or destroyed - Right of association (prevent their work from being associated with environemnted deemed inappropriate by their valued) -

Answer 74

obligation of loyalty and confidentiality of the employee Can be specified in contract but also under CCQ: bound to do work with prudence, diligence, faithfully, honestly and not use any confidential info Lasts a reasonable time after the contract terminated (normally few months) and permanently when the information concerns the reputation and privacy of others

Answer 75

- Respect the confidentiality of certain information belonging to the employer; - Not appropriate the material or intellectual property for the employer;

Answer 76

CCQ doesnt apply - Contractual clauses (trade secrets) - If providing someone with confidential info, have them sign an agreement stating they cannot use or disclose the confidential information! (NDA) MUST HAVE: - Definition of confidential information → definition that says what the confidential information actually is, keeping it both broad and narrow - Obligation of non-disclosure and non-use → states that the employee or third party has an obligation not to use nor disclose information received unless the right to do so was provided in the agreement - Definition of “permitted uses” → cases in which they can use or disclose the information in question. - Needed as you are disclosing info for a specific information so you must state they can only use it for this. SOMETIMES: - Undertaking not to use/disclose confidential information of third parties (e.g. former employer) → if you hire an employee or third, you should make it clear what their duties are in relation to your company as well as past customers information -Date destruction/return of documents → return or destroy all confidential info when contract is over -Obligation to report if information was inadvertently transmitted → tells the employee or independent contractor that they need to do something if they accidentally give information -Penal clause (articles 1622 and 1623 of the Civil Code)

Answer 77

Injunction → court orders you to start or stop doing something Damages → pay owner for profits they may have lost bc of infringement Accounting of profits → pay profits you made bc of infringement Punitive damages → above and beyond other damages, usually reserved for infringements are heinous (e.g. did it a lot, and received multiple notices, but didn’t stop) delivery/seizure and destruction of property → court forces you to destroy anything infriging or send it to someone.

Answer 78

- Professional to perform a freedom to operate search who looks through databases to see if there are existing patents - trademark search and opinion, avoid trademark infringement bc you hire someone to search for trademarks you might infringe on

Answer 79

Important because if said former employer or client gets it in their head that their former employee/independent contractor they could sue that person as well as your company for inducing them to break their agreement 3

Answer 80

Francization programs should take into account: - Employees near retirement or with long records of service - The particular case of head offices and research centers of enterprises from outside Quebec - Enterprises that produce language content - The line of business of the enterprise - If you are producing a German show, it would make sense that most of your interactions are in German

business_law_final_20240407170712 Flashcards

(105 cards)