Understanding Your Workplace Rights & Obligations

Employers and employees have numerous workplace rights and obligations. These rights are protected under state and federal laws. 

According to a reputable employment lawyer in Toronto, workplace rights ensure workers have access to safe work environments free from discrimination. On the other hand, obligations hold them accountable for ethical and responsible behavior.

Canada Workplace Rights 

Canadians have a right to fair treatment in the workplaces. The right to work in a safe environment free from discrimination is protected under the law—the Canadian Human Rights Act.

Canada’s Human Rights Act prohibits discrimination based on the 17 protected characteristics of employment, including gender, race, ethnicity, and others. Additionally, the Employment Equity Act (EEC) and the Federal Contractors Program (FCP) provide further protections.

The EEC and FCP require all employers to take proactive measures to ensure that employment opportunities for all employees, including disadvantaged groups, are protected. Disadvantaged groups include people living with physical and non-physical disabilities, including the blind, deaf, and others.

Employees’ and employers rights and responsibilities are specified under the Canada Labour Code. Canadian foreign workers are protected under federal or provincial labor legislation.

Duty to Accommodate

Sometimes employees are treated differently to mitigate the risk, and prevent, or avoid workplace discrimination. Employers may be required to make changes or adjust the work environment or duties for the sake of employees who are exposed to discrimination. 

By law, such adjustment is known as a duty to accommodate. However, the duty to accommodate may not be applicable if the adjustments may result in undue hardships in an organization.

The Federal Contractors Program

The Federal Contractors Program (FCP) typically provides equal employment opportunities to minority groups in Canada, including: 

• Women;

• Aboriginal people;

• People living with disabilities, and 

• People living with visual impairment.

The FCP protections specifically focus on provincial businesses that have federal government contracts worth $1 million or more.

Common Employee Rights

By law, employee rights are the protections and benefits accruing to employees. While employee rights can vary by jurisdiction, they all address: 

• The right to safe and healthy work environments;

• The right to remuneration;

• The right to minimum wage;

• The right to overtime pay for non-exempt employees;

• The right to unionize, and

• The right to exercise constitutional rights, such as taking legal action against employers for retaliation, wrongful termination, harassment, discrimination, and more.

Legal Aspects of Employee Rights

The following are some of the legal aspects of employee rights:

Freedom of Association

Freedom of association refers to an employee’s right to join a labor union. Unionized employees can negotiate the terms of their contract or working relationship with their employers, also known as collective bargaining. The terms of an employment contract refer to wages and working conditions in this case.

Workplace Discrimination and Harassment 

Canada’s Labour Code protects employees from all manner of workplace discrimination and harassment. Harassment and discrimination are illegal in Canada.

Discrimination in the workplace occurs when an employee or groups of employees are unfairly targeted for being different. On the other hand, harassment occurs when employees are subjected to verbal and non-verbal actions meant to humiliate them, including:

• Unsolicited sexual advances;

• Unsolicited sexual remarks and contact;

• Written statements from bullies, and

• Physical harm meant to cause injury, among others.

Health and Safety 

Employers have a legal obligation to maintain the health and safety standards specified by the Occupational Health and Safety Authority—OHSA.

The authority sets the legal frameworks and standards to protect workers from potential health and safety hazards to establish strong workplace internal responsibility systems (IRS) in two ways: 

• Setting out employee rights, and

• Setting out employer obligations. 

Right to Remuneration

Employees should be fairly compensated for their services to their employers. Remuneration can include:

1. Salaries and wages;

2. Bonuses;

3. Employment benefits, such as medical benefits and paid annual leaves, among others;

4. Overtime pay for non-exempt employees, and more.

Employee Constitutional Rights 

Some employers take adverse actions against employees who exercise their constitutional rights, such as:

• Airing employment grievances, such as unfair wage policies;

• Speaking against workplace malpractice perpetrated by employers or colleagues.

• Whistleblowing, and more.

Employers are prohibited from taking adverse actions or retaliating against employees for exercising their constitutional rights. Common forms of retaliation against employees include:

• Wrongful termination;

• Demotion;

• Reassignment of duties;

• Failing to give good recommendations to whistleblowers;

• Salary decrease, and

• Subjecting whistleblowers to harassment.

Right to Legal Counsel 

Employees have a right to seek legal counsel for different employment issues. An employee can bring a claim against employers or colleagues who violate this right. Infringement on an employee’s right to legal counsel is considered obstruction of justice, which can attract hefty fines and penalties.

Canadian employees’ rights are protected under the law. It’s important to consult an employment attorney if your employment rights have been violated.