It’s one thing to be able to read an employment contract and understand its contexts, and another to be able to truly understand the laws behind those contracts which protect your rights as a worker. This article will explore two of the most important employment acts and regulations in Canadian: The Occupational Health and Safety Act (OHSA) and The Employment Standards Act 2000.
Do you truly know your rights as an employee? Do you understand how the law can protect you? Let’s explore together.
Your Rights
It’s important to understand your rights as an employee, wherever you’re working. It’s also important to understand the type of contract you’re being offered, in order to know how many of your rights are actually being protected. According to the OSHA, you have the following rights:
You Have The Right to Refuse Unsafe Work
Feeling unprotected at work? Lacking the proper equipment to complete a task? You have the legal right to refuse work.
The Occupational Health and Safety Act (OHSA) protects Canadian employees from working in unsafe conditions. You have the right to…
– Receive workplace safety and health training in a language you understand
– Work on machines that are safe
– Refuse to work in a situation in which you would be exposed to a hazard
– Receive the required safety equipment, such as gloves, a harness or helmet for falls
– Be protected from toxic chemicals
– Request an OSHA inspection, and speak to the inspector
– Report an injury or illness, and get copies of your medical records
– Review records of work-related injuries and illnesses
– See results of tests taken to find workplace hazards
With a good understanding of the framework which OHSA presents, you can come to understand that both parties are apart of a legally binding employment contract and have protected rights. OHSA’s legal framework prevents workplace injury of all sorts, and enforces mechanisms which ensure a safe work environment for both the employer and employee.
Take it upon yourself to explore this document in order to ensure you understand how you’re protected at work.
The Employment Standards Act 2000
Probably the most important act in Canadian employment law, the Employment Standards Act 2000 regulates all aspects of Canadian employment relations.
Within this document, you can find extensive rules and regulations which outline the type of work you are doing as an independent/dependent contractor or employee, your benefits as a protected employee in Canada, and more complicated situations, such as termination with and without just cause. Although each province and territory has its own Employment Standards Act, for the most part, they cover all crucial aspects of employment, including
– Minimum wage and overtime pay
– Hours of work per week and overtime
– Vacation days
– Statutory holidays and pays
– Severance pays
– Notice of termination
– Termination and benefits following termination
– Changes in an employment contract
– And more
But Why Does Understanding These Regulations Matter?
Imagine you’re offered your first employment contract. You read through it and think, “Wow, this is great! Everything is covered within this document, now all I’ve got to do is sign it.” But do you truly understand what is outlined in your contract?
For example, there may be some sections which are ambiguous within the contract, leading you to ask further questions. In Ontario, any sort of ambiguity within an employment contract can lead the contract to be considered void, or legally unenforceable.
Also, did you know that oral contracts exist too? They are covered in the Employment Standards Act 2000! That means that legally, not every contract must be written in order for it to be legally enforceable, as long as it covers wages, overtime pay, hours of work, and provides the employee with a fair understanding of the type of work they are entering.
By having a basic understanding of employment laws in your country, you are ensuring that you work in a fair and safe space, and are protected from unfair situations such as unlawful dismissal.
Protect yourself: study the basics of employment law.