(a)monitor and, on request, assist in the establishment and operation of a joint planning committee; and. Employers can determine whether the employee fits in with the culture of the company. 169(1)Except as otherwise provided by or under this Division, (a)the standard hours of work of an employee shall not exceed eight hours in a day and forty hours in a week; and. (2)Every employee is entitled not to undergo or be required to undergo a genetic test. 260(1)If a person makes a complaint under this Part and requests that their name and identity be withheld, their name and identity must not be disclosed unless. 45In the case of a sale or change of activity referred to in section 44, the Board may, on application by the employer or any trade union affected, determine whether the employees affected constitute one or more units appropriate for collective bargaining. 288An employee who has been summoned by the Board to attend at an appeal proceeding under this Part and who attends is entitled to be paid by the employer at the employees regular rate of wages for the time spent at the proceeding that would otherwise have been time at work. Marginal note:Status of employer representative. Marginal note:Delivery of notice to conciliation officer. (8)The Statutory Instruments Act does not apply in respect of the written notice given by the Head to the employer under subsection (5). 44(1)In this section and sections 45 to 47.1, businessmeans any federal work, undertaking or business and any part thereof;(entreprise), provincial businessmeans a work, undertaking or business, or any part of a work, undertaking or business, the labour relations of which are subject to the laws of a province;(entreprise provinciale), sell, in relation to a business, includes the transfer or other disposition of the business and, for the purposes of this definition, leasing a business is deemed to be selling it.(vente). Marginal note:Maximum hours of work collective agreement, 172(1)An employer may, in respect of one or more employees subject to a collective agreement, establish, modify or cancel a work schedule under which the hours exceed the maximum set out in section 171 or in regulations made under section 175 if, (a)the average hours of work for a period of two or more weeks does not exceed forty-eight hours a week; and, (2)Subject to subsection (3), an employer may, in respect of one or more employees not subject to a collective agreement, establish, modify or cancel a work schedule under which the hours exceed the maximum set out in section 171 or in regulations made under section 175 if. Marginal note:Period of continuous employment. (ii)which trade union shall be the bargaining agent for the employees in each such unit; (d)where the Board makes the determinations under paragraph (c), the corporation or business, as employer, or the bargaining agent may, by notice, require the other to commence collective bargaining under this Act for the purpose of entering into a collective agreement; and. Marginal note:Notices of decision not to investigate. Marginal note:Chief Administrator and employees not required to give evidence. (6)Subject to subsection (7), every person who contravenes a regulation made under subsection (2) by contravening a provision of an Act of the legislature of a province that, or an instrument made under such an Act that, is incorporated by the regulation is guilty of an offence against this Act and liable to the same punishment as is imposed by or under an Act of that legislature for the contravention of that provision. Over 8000 questions and answers, for business owners and employers, powered by qualified experts. Marginal note:Officers and senior officials, etc. 268(1)The following definitions apply in this Part. 10(1)The Chairperson and Vice-Chairpersons of the Board are to be appointed by the Governor in Council, on the recommendation of the Minister, to hold office during good behaviour for terms not exceeding five years each, subject to removal by the Governor in Council at any time for cause. (5)The making of a complaint under subsection 247.99(1) does not suspend or affect an employees civil remedies against their employer. 524If section 487 of this Act comes into force during an employees absence under Division XIII of the Canada Labour Code, section 239 of the Canada Labour Code, as it read immediately before the coming into force of that section 487, applies in respect of that absence. 83When the members of a conciliation board have been appointed under section 82 in respect of a dispute, the Minister shall forthwith give notice to the parties of the names of the members of the board, and thereupon it shall be conclusively presumed that the conciliation board described in the notice has been established in accordance with this Part as of the date the notice is given. Saskatchewan: 3 months Marginal note:Continuation of strike or lockout. (b)transmit the information that the union wishes to communicate to the employees in the manner it considers appropriate. 156.1(1)The Governor in Council may, on the recommendation of the Treasury Board, fix the fees to be paid for services, facilities and products provided by the Minister under this Part or within the purpose of this Part. (2)Where, on a merger or amalgamation of trade unions or a transfer of jurisdiction among trade unions, any question arises concerning the rights, privileges and duties of a trade union under this Part or under a collective agreement in respect of a bargaining unit or an employee therein, the Board, on application to it by a trade union affected by the merger, amalgamation or transfer of jurisdiction, shall determine what rights, privileges and duties have been acquired or are retained. Paid statutory holiday for new employees | Canadian HR Reporter (6)If the employer determines that it had not complied with any provision referred to in the order, the employer shall set out in the report the nature of the employers non-compliance and the steps that have been or will be taken by the employer to comply with the provision. (ii)that the complaint is frivolous, vexatious or not made in good faith. (b)power to determine any question as to whether a matter referred to the arbitrator or arbitration board is arbitrable. (g)exempting, on such terms and conditions and for such periods as are considered advisable, any employer from the application of section 178 in respect of any class of employees who are being trained on the job, if the training facilities provided and used by the employer are adequate to provide a training program that will increase the skill or proficiency of an employee. Marginal note:No effect on time limits or periods. (2)The Minister of National Defence may designate an operation for the purposes of paragraph (1)(a) or may authorize another person to do so. (3)Subsection (1) does not apply to a change to or addition of a work period or shift following a request made under subsection 177.1(1). (2)Every employer that contravenes any provision of Division IX, subsection 239.1(2) or 239.2(1) or any regulation made under section 227 is guilty of an offence punishable on summary conviction and liable to a fine of not more than $250,000. Yes. 184.1A vacation granted to an employee under this Division is to be taken only in one period or, if the employee makes a request in writing and the employer approves it in writing, in more than one period. (4)An employer may assign to a different position, with different terms and conditions of employment, any employee who, after an absence due to work-related illness or injury, is unable to perform the work performed by the employee prior to the absence. Marginal note:Application to other persons. (4)Regulations made under this section may be made applicable to all employment to which this Part applies, to one or more classes of employment to which this Part applies or to such employment in one or more work places. 143.2No person who carries out a duty under this Part shall enter a work place that is situated in an employees residence without the employees permission. (6)A vacancy in the membership of a joint planning committee does not invalidate the constitution of the committee or impair the right of the members of the committee in office to act, if the number of those members is not less than a quorum. Marginal note:Prohibition future employee. (3)An employer or director of a corporation is not permitted to appeal a decision confirming or varying a payment order unless the employer or director pays to the Head the amount indicated in the decision and, in the case of an employer, the administrative fee specified in the decision in accordance with subsection 251.131(1) less any amount and administrative fee paid under subsection 251.101(2). (3)An employee is not to refuse to work overtime if it is necessary for them to work overtime to deal with a situation that the employer could not have reasonably foreseen and that presents or could reasonably be expected to present an imminent or serious. 66(1)Any person or organization affected by any order or decision of an arbitrator or arbitration board may, after fourteen days from the date on which the order or decision is made or given, or from the date provided in it for compliance, whichever is the later date, file in the Federal Court a copy of the order or decision, exclusive of the reasons therefor. (7)This section does not apply to employees who are employed under the terms of a collective agreement that specifies an alternate time frame for providing the work schedule or provides that this section does not apply to those employees. Marginal note:Specific duties of employer. (a)name the person or department that is believed to have committed the violation; (b)set out the relevant facts surrounding the violation; (c)set out the penalty for the violation; (d)inform the person or department of their right to contest the facts of the alleged violation or the penalty, by way of review and appeal, and of the procedure to be followed to exercise that right; (e)inform the person or department of the manner of paying the penalty set out in the notice; and. Does the requirement for written notice or pay in lieu apply to all employees? Probationary Periods & Terminations in Canada | KCY at LAW (6)The Heads confirmation or rescission is final and conclusive and is not subject to appeal to or review by any court. The employee shall provide that documentation only if it is reasonably practicable for him or her to obtain and provide it. 57(1)Every collective agreement shall contain a provision for final settlement without stoppage of work, by arbitration or otherwise, of all differences between the parties to or employees bound by the collective agreement, concerning its interpretation, application, administration or alleged contravention. (b)any procedure commenced before that coming into force relating to a refusal to work commenced under sections 128 to 129 of that Act, as it read immediately before that coming into force. Marginal note:Effect of collective agreement. (3)On application by an affected employer or trade union, or on referral by the Minister, the Board may determine any question with respect to the application of subsection (1) and make any order it considers appropriate to ensure compliance with that subsection. But giving any new hires a chance to impress is key to a motivated workforce. What is Considered Wrongful Dismissal in Toronto? What notice or payment in lieu of notice must be given to an employee whose employment is being terminated? (d)advise the Chairperson that the Minister considers that it is not necessary to take further measures under this section. Marginal note:Exercise of powers, duties and functions. (3)The report of the majority of the members of a conciliation board is the report of the conciliation board, except where each member of the conciliation board makes a report, in which case the report made by the person appointed by the Minister as a member and chairperson of the conciliation board is the report of the conciliation board. (4)The Board or other person or body in charge of conducting the vote shall determine any question that arises under this section, including any question relating to the conduct of the vote or the determination of its result. (5)No person to whom powers, duties or functions have been delegated under subsection 140(1) or (1.1), or under an agreement entered into under subsection 140(2), is eligible to be appointed to the Commission or as alternate chairperson under subsection (2.1), or to be designated for the purposes of subsection 137.2(1) or (2). (c)a child with respect to whom the employee meets the requirements of paragraph 23(1)(c) of the Employment Insurance Act. (b)to reinstate the employee in his employ at such date as in the opinion of the court is just and proper in the circumstances and in the position that the employee would have held but for such discharge. 163 to 165[Repealed, R.S., 1985, c. 9 (1st Supp. Regulations Establishing Periods of Probation and Periods of Notice of (6)An Industrial Inquiry Commission has all of the powers of a person appointed as a Commissioner under Part I of the Inquiries Act. (v)heating, ventilation and air-conditioning systems; (n)ensure that the levels of ventilation, lighting, temperature, humidity, sound and vibration are in accordance with prescribed standards; (o)comply with prescribed standards relating to fire safety and emergency measures; (p)ensure, in the prescribed manner, that employees have safe entry to, exit from and occupancy of the work place; (q)provide, in the prescribed manner, each employee with the information, instruction, training and supervision necessary to ensure their health and safety at work; (r)maintain all installed guards, guard-rails, barricades and fences in accordance with prescribed standards; (s)ensure that each employee is made aware of every known or foreseeable health or safety hazard in the area where the employee works; (t)ensure that the machinery, equipment and tools used by the employees in the course of their employment meet prescribed health, safety and ergonomic standards and are safe under all conditions of their intended use; (u)ensure that the work place, work spaces and procedures meet prescribed ergonomic standards; (v)adopt and implement prescribed safety codes and safety standards; (w)ensure that every person granted access to the work place by the employer is familiar with and uses in the prescribed circumstances and manner all prescribed safety materials, equipment, devices and clothing; (x)comply with every oral or written direction given to the employer by the Head or the Board concerning the health and safety of employees; (y)ensure that the activities of every person granted access to the work place do not endanger the health and safety of employees; (z)ensure that employees who have supervisory or managerial responsibilities are adequately trained in health and safety and are informed of the responsibilities they have under this Part where they act on behalf of their employer; (z.01)ensure that members of policy and work place committees and health and safety representatives receive the prescribed training in health and safety and are informed of their responsibilities under this Part; (z.02)respond as soon as possible to reports made by employees under paragraph 126(1)(g); (z.03)develop, implement and monitor, in consultation with the policy committee or, if there is no policy committee, with the work place committee or the health and safety representative, a prescribed program for the prevention of hazards in the work place appropriate to its size and the nature of the hazards in it that also provides for the education of employees in health and safety matters; (z.04)where the program referred to in paragraph (z.03) does not cover certain hazards unique to a work place, develop, implement and monitor, in consultation with the work place committee or the health and safety representative, a prescribed program for the prevention of those hazards that also provides for the education of employees in health and safety matters related to those hazards; (z.05)consult the policy committee or, if there is no policy committee, the work place committee or the health and safety representative to plan the implementation of changes that might affect occupational health and safety, including work processes and procedures; (z.06)consult the work place committee or the health and safety representative in the implementation of changes that might affect occupational health and safety, including work processes and procedures; (z.07)ensure the availability in the work place of premises, equipment and personnel necessary for the operation of the policy and work place committees; (z.08)cooperate with the policy and work place committees or the health and safety representative in the execution of their duties under this Part; (z.09)develop health and safety policies and programs in consultation with the policy committee or, if there is no policy committee, with the work place committee or the health and safety representative; (z.10)respond in writing to recommendations made by the policy and work place committees or the health and safety representative within thirty days after receiving them, indicating what, if any, action will be taken and when it will be taken; (z.11)provide to the policy committee, if any, and to the work place committee or the health and safety representative, a copy of any report on hazards in the work place, including an assessment of those hazards; (z.12)ensure that the work place committee or the health and safety representative inspects each month all or part of the work place, so that every part of the work place is inspected at least once each year; (z.13)when necessary, develop, implement and monitor a program for the provision of personal protective equipment, clothing, devices or materials, in consultation, except in emergencies, with the policy committee or, if there is no policy committee, with the work place committee or the health and safety representative; (z.14)take all reasonable care to ensure that all of the persons granted access to the work place, other than the employers employees, are informed of every known or foreseeable health or safety hazard to which they are likely to be exposed in the work place; (z.15)meet with the health and safety representative as necessary to address health and safety matters; (z.16)take the prescribed measures to prevent and protect against harassment and violence in the work place, respond to occurrences of harassment and violence in the work place and offer support to employees affected by harassment and violence in the work place; (z.161)ensure that employees, including those who have supervisory or managerial responsibilities, receive training in the prevention of harassment and violence in the work place and are informed of their rights and obligations under this Part in relation to harassment and violence; (z.162)undergo training in the prevention of harassment and violence in the work place; (z.163)ensure that the person designated by the employer to receive complaints relating to occurrences of harassment and violence has knowledge, training and experience in issues relating to harassment and violence and has knowledge of relevant legislation; (z.17)post and keep posted, in a conspicuous place or places where they are likely to come to the attention of employees, the names, work place telephone numbers and work locations of all of the members of work place committees or of the health and safety representative; (z.18)provide, within thirty days after receiving a request, or as soon as possible after that, the information requested from the employer by a policy committee under subsection 134.1(5) or (6), by a work place committee under subsection 135(8) or (9) or by a health and safety representative under subsection 136(6) or (7); and.