Labour Law Study Notes

Job SafetyAnd The Law

It is against the law for anyone to force you to do work that you think is unsafe.

For example: If you or a co-worker are in imminent danger.

OH&S ActEach province in Canada has it’s own Act. It specifies the safety standards designed to protect the health and safety of workers.

• It also includes the rights and duties required of both the employers and of the workers.

In Alberta:

• both employers and workers are responsible for safety in the workplace

An employer is:

A) a person who employs one or more workers or

B) A person who is self-employed

A worker is:•Any person

working at a job.

• You need to know your rights

• and what is expected of you.

Imminent Danger

Any danger that is not normally found in the job, or a danger under which a person doing that job would not normally carry out his/her work.

Who is covered by the OH&S Act?Most workers and employers, except:• Domestic workers ( such as nannies or

housekeepers).• Federal government workers• Workers in industries regulated by the federal

government ( banks, television and radio broadcasters, national transportation companies).

• Farmers and other agricultural workers.

You employer must look after you safety!

They must:• Make sure workers are competent (make sure you

have the training to do the job well).• Provide the safety equipment and training.• Train workers to handle dangers or dangerous

products.• Investigate accidents that cause serious

injuries/incidents that could cause serious injuries.

Every Worker Shall:• Take reasonable care to

protect his/her own health and safety as well as the other workers present while at work and…

• Co-operate with the employer to protect the health and safety of self and other workers at the workplace.

Canadian Charter of Rights and Freedoms

Canada in the 21st Century

• As Canadians, we are blessed with incredible freedom.

• There is also a lot of hardship, evil, and more and more persecution. Examples:

• Crime and gangs• Abortion• Divorce and the redefinition of family• Pornography• Drugs

How did this come to be?• One factor is that as a country, we have pushed God out of the public

square (our courts, Parliament, etc).• We have replaced God with our own standards of right and wrong.• Pierre Elliott Trudeau• 1982 – Charter of Rights and Freedoms

– Becomes part of our constitution (Constitution Act)– Effectively replaces the Bill of Rights

Rights, Responsibilities, and Privileges

What is a right? ◦An entitlement, that comes from someone who has the

authority to give it (e.g. life). Usually it can not be taken away.

What is a responsibility?◦Something which must be performed as an obligation or

duty. Responsibilities are necessary for rights to exist (e.g. uphold the life of our neighbour).

What is a privilege? ◦A benefit that comes from a particular position which can be

removed, changed, or increased (e.g. holidays).

Charter Preamble

“Whereas Canada is founded upon principles that recognize the supremacy of God and the rule of law:”– Supposed to set the context for the rest of the Charter.– Is now referred to as the “embarrassing preamble” and ignored.– But if rights require a rights-giver, and if our country doesn’t believe in

God, then where do these rights come from?

Section One

“The Canadian Charter of Rights and Freedoms guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.”

• Even rights have limits– Can you think of examples?

Section Two

Everyone has the following fundamental freedoms: a) freedom of conscience and religion;

b) freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication; c) freedom of peaceful assembly; and d) freedom of association.

Section Three

“Every citizen of Canada has the right to vote in an election of members of the House of Commons or of a legislative assembly and to be qualified for membership therein.”

Section Seven

“Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice.”– Who does this apply to?

Sections 8-10, 12

8. Everyone has the right to be secure against unreasonable search or seizure.

9. Everyone has the right not to be arbitrarily detained or imprisoned.

10. Everyone has the right on arrest or detentiona) to be informed promptly of the reasons therefor; b) to retain and instruct counsel without delay and to be informed of that right; …

12. Everyone has the right not to be subjected to any cruel and unusual treatment or punishment.

Section 15

15. (1) Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability.

Section 28

• Notwithstanding anything in this Charter, the rights and freedoms referred to in it are guaranteed equally to male and female persons.

Important things to remember

• The Charter is meant to protect people from actions by our governments.

• What happens when rights conflict?– E.g. a minister being asked to perform a wedding for a

couple that he believes shouldn’t be married?• The Supreme Court of Canada– Perhaps the highest authority in Canada– Decides how the Charter should be interpreted.

Dangers from the Charter

• The vague wording gives a lot of power to judges to interpret it as they see fit.

• They tend to interpret it using a humanist worldview.• Judges and courts are given the power to trump what

Parliament says.• Focused on “me first” at the expense of the vulnerable.• Lacks a moral foundation.

Classroom Charter

• Rights:• Responsibilities:• Privileges:• Judge?

Labour Laws

Adolescents An adolescent is define as an individual who is 12, 13 or 14 years of age.

They can only work at certain job that have been approved.

Such as: * A delivery person ( flyers and newspapers; for a small retail store)

* A clerk in a retail store* A messenger in an office* Certain restaurant and food service industry job ( with restrictions)

If job is not on the approved list, the adolescent must have a permit before they can begin work. As well as the employer and the employees’ parents.

RestrictionsAdolescents are not allowed to perform any duties that are potentially dangerous such as operating deep fryers, grills or sliders ( or in areas where they are in operation).

The adolescent must be in the continuous presence of someone who is at least 18 years old.

The employer must ensure health and safety under the OH&S Act.

They cannot sell/ serve alcohol or be in presence of people smoking

Duties in a Restaurant:

• Host/hostess• Cashier duties• Dish washing• Bussing tables• Waiting tables• Providing customer service• Assembling orders or cleaning

Adolescents may not work:

More than two hours on a school day

More than eight hours on a non-school day

Between 9:00 pm and 6:00 am

Basically, an adolescent employee is protected so that an employer cannot harm their:

LifeHealthEducation Well-being

Jobs considered harmful to adolescents:

Permits are not given for these types of jobs.*Construction*Anything that requires heavy lifting*Working with/near moving vehicles/ equipment*Working with potentially hazardous equipment ( drills, fork lifts, hand grinders, welding equipment, hammers, sharp knives, blowtorches, conveyers for bulk materials)

Young Persons

• The Employment Standards Regulation places restrictions on employees who are under 18 years of age.

• People who are under 16 years old are required to attend school.

• He/she may not be employed during normal school hours, unless they are unrolled in an off-campus education program provided under the School Act.

-is defined as a person who is 15, 16 or 17

They may work at any type of job.

But if they are working in the following businesses:Selling food/ drinks-whether alcoholic or not

Selling any other commodities, goods or merchandise

Selling gasoline/ diesel/ propane etc.

Hotel/ motel or any other place that provides overnight accommodation

Young Persons

They must be in the presence of an adult between 9: 00 pm and 12:01 am And are not allowed to work at all between 12:01 am and 6:00 am.

IF…….

If a young person is working in a business that is not listed above, they can only work between 12:01 am and 6:00 am

THEIR PARENT/ GUARDIAN PROVIDES WRITTEN CONSENT

And the young person is in the continuous presence of someone one who is 18 year or older

Employees under 18 have the same rights and responsibilities as an adult employee:

• They are entitled to:• Vacation pay• over time• Minimum wage• General holiday pay• And all other right under the code and regulations of

the Employment Standards

Overtime

What is it?

Either:A) Working over 8 hours a dayOrB) Working over 44 hours a week

*All employees must be paid overtime for overtime hours worked.

How Much is it?

Overtime must be paid at :1.5 times the regular wage Example: regular wage of $9.75/ hrOvertime= 1.5 x = $9.75 + $4.88 gives you -$14.63 /hr

Employee Exemption:• Farmers• Domestic workers• Sales people( land, real estate and insurance agents)• Managers, supervisors• People employed in a confidential capacity• Instructors/ Counselors of non-profit org• Municipal police officers• Employees covered by other Acts ( academic staff)• Extras in a film or video production• Professionals (engineers, architects, lawyers,

psychologists)

Why the Exemption?

• Some employees are not paidon a normal hourly rate.For example: people whose jobs pay them through commission, piece work, flat rate, mileage or incentive pay.

In these situations minimum wage is used to for the purpose of calculating overtime.

Payment Earnings

Earnings include:

WagesOver time payVacation payGeneral holiday payTermination pay

Minimum Wage

• The minimum wage in Alberta is set out in the Employment Standards Regulation and is $9.75/ hour - for most employees

If you serve liquor as part of your regular job it is $9.05/ hr ( due to potential tips).

Minimum $ 376/ week for many sales people, land agents and certain professional (1, 504/ month).

Minimum wage of $ 1, 791/ month for domestic employees(if living in employers’ residence-$9.75 if not).

Exemptions of Minimum Wage

Real estate brokers

Insurance sales- if paid entirely by commission

Students in a work experience or off-campus educational program

Extras in a film or video production

Counselors/ instructors ( who are non-profit or for religious purposes)

Farm employees

Pay Period

• The maximum pay period that can be used by an employer to calculate your earnings is one- month

• An employer can have shorter pay periods such as daily, weekly, bi-weekly or semi-monthly.

• Employees must be paid with 10 days after the end of each pay period.

Pay Reductions• If an employer wants to reduce any thing

from the employee’s pay (wage, overtime etc.) the employee must be notified before the start of the pay period and also be told which reduction is to take place.

• BUT- these rates must always be at least the minimum required by the legislated standards.

TERMINATION!

• When an employee loses or quits a job• The employee must be paid no later than 3

consecutive days after the last day of work- if the employer is required to give notice.

• If the employer is not required to give termination notice or termination pay- the employee must be paid within 10 consecutive days after the last day of work.

• If the Employment Standards Code requires an employee to give notice and he/she quits without providing the required notice- the employer can delay payment until 10 days after your notice would have been expired- had you given it.

Legal Deductions From Earnings

• The CODE allows certain deductions to be made from employees earnings for Income Tax purposes.

• Such as: Canada Pension Plan• Employment Insurance• Alberta Health Care premiums• As well as deductions from judgment or order of a

court.• If an employer wants to make other deductions, written

permission must be obtained from the employee.

• If an employer wants to make other deductions, written permission must be obtained.

• For example- company pension plans• dental plans• personal charges to company credit card

*Usually these deductions are discussed when the employee starts the job.

• There are some deductions that are not allowed, even with written authorization form the employee.

• You cannot take deductions for faulty workmanship, cash shortages or loss of property where more than one person has access to the cash or property.

Hours of Work

A) an emergency occurs-urgent work is necessary- an accident occurs-unpredictable

B) the Director of Employment Standards gives a permit authorizing the extension of the hours past 12 hours.

“ An employee may work a maximum of 12 hours in a day.”

Unless…

Rest Periods

An employee is entitled to at least 30 minutes of rest (break) in each shift-if it is longer than 5 hours.

• If an employee is not able to take his/her 30 min break-then it must be paid for.

• But if the shift is less than 5 hours- the employer does not have to give a rest period• The 30 min can be taken as two 15

min or three 10 min breaks.

Days of Rest

An employee must have 1 day of rest per each

week of work.

After 24 consecutive days of working, employees must be provided with at least 4 consecutive days of rest