Canada Labour Code Overview

The Canada Labour Code (CLC) is a federal law that applies to employers and employees who operate under the federal government's jurisdiction. This usually includes industries that operate across provincial or territorial boundaries or are directly connected to the work of the Government of Canada.

The Canada Labour Code is divided into three parts: Part I deals with labour relations, Part II focuses on health and safety, and Part III covers employment standards.

Employees in the federal sector can form a union to collectively bargain with their employer. This process involves negotiation and voting to authorize union representation.

An unfair labour practice is when an employer or a union engages in conduct that violates the rights or freedoms of employees under the Canada Labour Code. This can include actions like interfering with union activities or discriminating against employees for union-related reasons.

The Canada Labour Code outlines minimum wage requirements for employees covered by Part III. These requirements ensure that employees receive a fair and adequate wage for their work.

The LRRBE (Liquor, Retail and Related Businesses Employees Union) argued that their activities were essential to the federal government's role over "Indians and Lands reserved for Indians" but the adjudicator disagreed.

The Canadian Labour Code (CLC) is a federal law that establishes the goals and objectives of industrial relations in Canada.

The CLC aims to promote "the common well-being" and labour peace by creating a balance between employer and employee needs.

Decisions made by adjudicators under the CLC can be cited in other jurisdictions, but they are less persuasive than decisions made under provincial legislation.

The CLC's Part I establishes the legislation's objectives and reflects a balanced approach to industrial relations.

The CLC is distinct from the Canadian Charter of Rights and Freedoms, meaning provincial legislation is not required to comply with the CLC.

The LRRBE contested the adjudicator's finding on the basis that their activities were crucial to the federal government's powers over "Indians and Lands reserved for Indians." However, the adjudicator ruled that the LRRBE's activities were not essential to the federal government's powers in this area.

The adjudicator's decision meant that the complaint did not fall under federal jurisdiction, and therefore, the adjudicator did not proceed with the hearing.

The right of workers to join a union and bargain collectively with employers.

A legal framework that promotes healthy labour-management relations by encouraging free collective bargaining and constructive dispute resolution.

A key principle in Canadian industrial relations, emphasizing the importance of worker associations and collective bargaining for fair working conditions.

An independent body created to resolve disputes related to federal workplaces where employees are unionized or wish to become unionized.

The process of formally recognizing a trade union as the representative of a group of employees for the purpose of collective bargaining.

The determination of which employees belong to a specific bargaining unit.

Conflicts that arise during the process of collective bargaining between a union and an employer.

Actions taken by workers to pressure an employer during a labor dispute, including strikes and lockouts.

The process where a union is removed as the representative of a group of employees.

A written agreement negotiated between an employer and a union that outlines the terms and conditions of employment for a group of workers.

A legal right that allows employers to stop work temporarily during a bargaining impasse. Think of it as the employer's version of a strike.

The process of employees and employers coming together to negotiate the terms and conditions of employment.

The legal right of the employer to acquire or sell a business without impacting the existing union representation for employees.

The actions taken by an employer when a union is decertified, including maintaining terms and conditions of a previous collective agreement.

The legal requirement for employers and unions to engage in good faith negotiation when reaching a collective agreement.

The Canada Labour Code (CLC) requires employers to investigate, document, and report all harassment and violence incidents.

Employers must take proactive steps to prevent and address harassment and violence in the workplace, including providing support to affected employees.

The CLC mandates training for all employees, including managers and supervisors, on harassment and violence prevention, as well as their rights and responsibilities under the law.

Complaints regarding harassment and violence should not be handled by the joint health and safety committee or safety representatives.

Employees can appeal to the federal minister of labour if they are dissatisfied with how their complaint is being addressed. The minister will then investigate the situation.

If an employee is found guilty of harassment, the employer is held responsible for protecting workers, not the employee.

The Work Place Harassment and Violence Prevention Regulations outline specific details for complying with the CLC's harassment and violence provisions. This includes investigator qualifications, timelines, and dispute resolution processes.

The Tryggvason case highlights the potential for applying the new harassment and violence provisions in the CLC, but how adjudicators will interpret and apply these provisions remains to be seen.

Part III of the CLC sets minimum employment standards, such as hours of work, wages, vacations, and leave, for federally regulated employees. These standards are similar to those found in provincial laws like the BC Employment Standards Act and the Alberta Employment Standards Code.

The Canada Labour Code requires employers to provide a written employment statement to federally regulated employees within 30 days of hiring and again after any changes to the employee's employment.

The CLC mandates that employers address incidents, investigate them, take corrective action, and follow up on the situation to prevent similar incidents from reoccurring.

The Canada Labour Code requires that employers ensure that employees are trained on safety procedures and that this training is documented.

Line management is responsible for implementing hazard prevention programs, ensuring training for supervisors and employees, and addressing workplace incidents effectively.

The Canada Labour Code extends to employers and employees who operate under federal jurisdiction. This typically includes industries that work across provincial boundaries or are directly connected to the Government of Canada.

The Canada Labour Code aims to promote a balanced relationship between employers and employees, fostering labor peace while ensuring the well-being of all parties involved.

The Canada Labour Code differs from the Canadian Charter of Rights and Freedoms, meaning that provincial legislation may not be required to comply with the CLC.