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Who does the Act respecting labour standards apply to?
Any employee regardless of where they work for any employer that operates in quebec. Independent contractors are completely excluded (federally regulated) and partial exclusion for some people such as senior managers who only benefit from retirement, psychological and sexual harassment and family leave.
What is the hierarchical levelof managers in the organizatonal structure?
Senior manager must be part of senior management. Must report to: owner, president, BoD, GM. (Consider size of the business, smaller might only have 1, larger might have a lot).
Level of decisions, level of autonomy, manages managers, condition of employment.
What is the required level of decisions for senior managers?
Participates in major decision making in the business (profit, growth, etc)
What is level of autonomy for a senior manager?
Great autonomy and decision making power
What are the conditions of employment for a senior manager?
Among best paid employees
What are the laws regarding minimum wage?
- Wages must be equal or above minimum set by law;
- Benefits are not part of minimum wage;
- applies to part-time;
- tips not included
What are the requirements regarding pay?
Must be paid in cash (sealed envelope), check or bank transfer.
Must be max 16-day interval (1 month for first pay or for managers).
Must be paid at his place of empoyment on a working day or can be given to a third party upon WRITTEN request
What are the requirements regarding deductions?
No deductions unless law authorizes or employee consents.
Levine: Worked as teacher and stated that a union he was not part of was taking money and donating it, court said there was an infringement on charter but Unions are important.
What are the laws regarding duration of work?
- Work week is 40hrs;
- Overtime pay is 150% or paid leave;
- Work periods are deemed by making yoursel favailable and 3-hour minimum call in pay (doesn’t apply to work in which the nature requires them to be present several times a day. E.g. cross guard)
Work breaks
30 minutes unpaid for meals for every 5 hours of work (must be paid if they cant leave work station
Weekly rest
Employee must have 32 consecutive hours of rest per week
What are the rules regarding work by children?
Must be over 14 ad cannot conflict with their education. (review all the requirements)
Annual leave based on service
Less than one year = 1 day per month.
year of service = 2 weeks and 1 week upon request.
3 years of service = 3 weeks
Sick leave
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
What is a contructive dismissal
When an employee is deemed to have been fired without notice because employers made major changes to working conditions.
review personal leave
ok
What is a notice of termination?
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
What are the requirements of time for a notice of termination?
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
Resources against dismissal
WHAT DOES THIS MEAN
What are the exclusions to immigration law?
Governor in council (cabinet) given the power to exclude ppl from canada based on race (Remained availabile until immigration act in 1978)
What are the issues with immigration law?
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
Who is legally permitted to work in canada?
- Canadian citizens and permanent residents (can be revoked if they lose their qualification) ;
- Foreign national (only if authorized to do so under refugee protection act)
When is work without a permit allowed?
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)
What is work?
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.
What are the two types of work permits?
Open work permit and employer-specific (closed) work permit
Open work permit
- 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
employer-specific work permit (closed work permit)_
- 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)
What is employer compliance for work permits and what are triggers for compliance
- 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
What are the requirements for employer compliance of having foreign workers
- 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)
Why is employer compliance information public?
So you can pick an employer (check eligibility) and to embarrass the company
What is abuse of vulnerable workers?
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
