Although the courts have never used a “rule of thumb” approach in determining the reasonable period of notice, judicial awards reach a typical maximum of 24 months for senior executives in their late 50s or early 60s with lengthy service. The courts will award additional damages to employees where their employment has been terminated in bad faith. 4.2        What rights, including rights to pay and benefits, does a woman have during maternity leave? Labour relations refers to the relations between employers and employees. Parties to an employment contract (or collective agreement) cannot contract out of these standards of public order, except to provide for terms that are more favourable to employees. However, labour legislation requires collective agreements to be in writing. The Labour Relations Act applies to all employers, workers, trade unions and employers’ organisations. There are three types of workers in Canada: employees; dependent contractors; and independent contractors, which are distinguished mainly based on their level of subordination to their superiors. Some jurisdictions, such as federal and Ontario, also have a minimum statutory severance pay Does an employee have to pay a fee to submit a claim? Some jurisdictions also require employers to maintain the seniority of an employee who is on maternity leave throughout this leave. However, most employment standards statutes do provide for continuity of service for those employees who continue in employment with the purchaser. Federal works and undertakings are subject to employment equity legislation, the purpose of which is to provide employme… 6.5        When will an employer be entitled to dismiss for: 1) reasons related to the individual employee; or 2) business related reasons? After the recession, faced with increased use of back-to-work legislation and harder-bargaining, labour, in its weakest … The particularities of Québec are often complex and can vary depending on the nature of your activities and your situation, whether it involves language requirements, labour standards or applicable taxes, to name but a few. No, Canadian employees are not entitled to representation at board level. 2.6        How do the rights of trade unions and works councils interact? Similarly, employment following an asset purchase is continued on the same terms and conditions for unionised employees. Safety and health issues can lead to labour relations strife, producing work stoppages. The procedures which an employer has to follow in relation to an employee’s dismissal depend on the contracts of employment and/or policies which govern the employment relationship. Gender identity is increasingly becoming protected against discrimination as well. In Québec, the EI premium rate is $1.25 for every $100 of salary earned, up to a maximum annual employee contribution of $663.75, and a maximum employer contribution of $929.25. Nevertheless, some instances of severe misconduct (e.g. Any monitoring of employees’ personal information must also be conducted through the least intrusive means possible, and only for reasonable and legitimate business purposes in order to be valid. Because of this, all employers who have employees working in Québec, regardless of the employees’ province or territory of residence, have to deduct a reduced EI premium using a reduced EI premium rate as well as QPIP premiums. Labour relations in Canada also makes provisions for the prevention and resolution of labour disputes. The applicable employment standards legislation mandates the minimum notice period and provides a “sliding scale” of notice depending on the seniority of the employee, which typically peaks at 8 weeks’ notice. 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