Chapter 8 -Labor Market Flashcards
What workers aren’t covered by the labor standards act?
Self-employed workers,
Those who work in institutions governed by federal law (ex. banks, Canada gov, radio + tv stations, ports, interprovincial transport, etc)
(These people adhere to the Canada labor code instead)
Which workers are only partially protected by the law?
What are they protected from?
These people are protected from psychological harassment and forced retirement only.
- students in internships
- those who babysit (if employer doesn’t make money from this service)
- Athletes required to stay in a school program to stay on a sports team.
What is psychological or sexual harassment?
Vexatious behavior that is either repetitive or major in the form of verbal commetns, actions or gestures that are hostile or unwanted, affect the employee’s dignity or psychological or physical integrety, or make the work environment harmful.
In order to be deemed psychological or sexual harassment, what 5 elements need to be present?
- Vexatious behavior
- Repetitive in nature (or one big event)
- Verbal commetns, gestures or behaviors that are hostile or unwanted
- Affect the person’s dignity or integrity
- Harmful work environment (ex. isolation)
What are the employer’s obligations towards psychological harassment?
To provide a work environment free from psychological or sexual harassment by
- preventing harassment situations
- put a stop to harassment
- develop a policy on prevention of psychological or sexual harassment
Where does a non-unionized employee who is subject to the Act of respecting labour standards file a complaint?
CNESST
What is the delay to file for psychological or sexual harassment?
2 years.
Where does a unionized employee file a complaint?
His union.
Where does a non-unionized employee of the public service file a complaint?
Comission de la fonction publique.
What are the minimum wages in Québec?
Give one example of workers who aren’t covered by minimum wage.
$13.50 / hour
$10.80 / hour for tip workers
Fruit pickers are not covered under the minimum wage.
Can a monetary or other advantage given by the employer make the employee receive a salary below minimum wage?
Nopeeeeee
Can the employer decide that you pool your tips?
Yes, but only if it was agreed upon before you started to work there. Otherwise, he cannot force you.
Can the employer drag your salary below minimum wage to pay for the outfit required for work?
Can the employer requier you to pay for a uniform on which the company’s name is written?
Can the employer force you to wear clothes that they sell?
NOoOo
Is an employer required to give you breaks? Is he required to pay you if he does?
After how many hours of continuous work does an employee have the right to have 30 minutes of break? Is that 30 minutes paid or not?
No, breaks aren’t required by law. If he does give you some, he must pay them though.
After 5 hours, and no, it is not paid, UnLeSs YoU aRe ReQuIrEd To ReMaIn On ThE FlOoR.
How many hours is a normal work week? If your work week is 35 hours, after how many hours do you start to get paid overtime?
How much are overtime hours paid?
- 40.
150%, not including night premium, etc. You can also be paid in days off (1.5 hours off for every 1 hour overtime)).
When do you have the right to say no to working overtime?
Never, your boss owns you.
Jk
You can refuse to work more than 2 hours extra beyond your regular shift.
You can refuse to work more than 14 hours per period of 24 hours.
You can refuse to work more than 50 hours in the same week (60 in some areas).
You can refuse if you have to care for someone else (child, etc.) You need to take reasonable steps to try and get someone else to take care of your responsibilities.
When does the right to say no to overime not apply?
When ther is a danger to the public (life or safety).
In case of emergencies.
When the refusal goes against the code of ethics that applies to the worker (TSO for nurses (Temps supplémentaire obligatoire).
When do you have access to an indemnity for reporting to work?
How many hours are you paid?
What are some exceptions?
When you are requested to come in for less than 3 hours of work, you must be paid 3 hours.
If overtime give a greater amount, the number of overtime hours paid will be 50% more instead.
Exception are in the events of superior force (employees go home b/c of fire) or those hired for less than 3 hour shifts (shool crossing guards).
How many hours of consecutive rest are you allowed each week?
32 hours
What two factors determine your vacation pay?
The reference year (May 1 to April 30).
The number of service years.
For less than 1 year of service, how much vacation do you get? How much vacation pay do you get?
You get 1 day per complete, uninterrupted month of work.
4% of income in pay.
For 1-3 years of service, what is the length of the vacation you are allowed and what is your vacation pay?
You are allowed 2 weeks, your vacation pay is 4%.
For 3+ years of service, what is the vacation length and pay?
3 weeks, 6%
Can the employer decide for you when you take your vacation?
Yes, but only if they let you know 4 weeks prior.
If your employer closes during a specific time of the year (vacances de la construction), you are pretty much forced to take your vacation there.
Which workers are not allowed vacation / vacation pay?
Students working in vacation camps,
Trainees in vocational training,
Real estate agents, security dealers, etc (if they are paid by comission).
When are you allowed to postpone your vacation to the following year?
If you
- have been absent due to sickness or accident
- absence for family
- victim of a crime
- have been called as a reservist for Canadian forces.
What prevents an employee from receiving an indemnity or compensatory leave?
The employee was absent on the day prior or following the holiday.
The employee is covered by a collective agreement that gives him at least 7 non-working days with a pay, in addition to the national holiday.
How much are we paid for a legal holiday?
1/20 * total amount made in the last 4 weeks. This amount includes tips, but does not include overtime.
Which employees are exluded from receiving a notice of 6+ months layoff or termination?
- Those employed for less than 3 months
- Those who committed a serious offence
- Employees fired because of a fire (pun intended)
- Employees whose contract ends
- Employees who have completed the precise task tehy were hired for.
What is the length of the notice of employment for
3 months-1 year of service
1-5 years
5-10 years
10+ years
1 week
2 weeks
4 weeks
8 weeks
What does a collective agreement do?
Fixes the working conditions of the workers for a set amount of time. (Must set these working conditions above the govenment standards)
What is the difference between a lock-out and a strike?
A lockout is issued by the employer, where he closes his doors and doesn’t pay his workers.
A strike is issued by the employees, where they refuse to show up to work and hold stupid signs in front of the doors.
