Who are Canada Labour Code Employers and Employees
Neufeld Legal P.C. can be reached by telephone at 905-616-8864 / 403-400-4092 or email Chris@NeufeldLegal.com
Before I delve into the specifics, it is probably beneficial that I set out the reason that in my professional legal practice why I look into who constitutes Canada Labour Code employers and employees, and that is because employment practices pertaining to those employees is seriously misunderstood and implemented.
The Canada Labour Code is clearly not being understood and applied, as is evident from employee termination litigation and other publicly-available information, such that employees subject to the Canada Labour Code, especially at the end of their employment, are incurring serious financial consequences. Given this realization, it is important that those employees not only know that they are subject to the Canada Labour Code, but their employment situation demands special attention, especially when their job ends and they should be collecting all the money that they are legally entitled to from their former employer.
Now, the first group of employees are those in the federally regulated public sector, being the federal public service and Parliament (such as, the Senate, the House of Commons and the Library of Parliament). However, this particular group is excluded from the application of Part III of the Canada Labour Code, which pertains to standard hours, wages, vacations and holidays, being the critical area that our legal practice focuses on.
The second group entails private-sector firms and municipalities in Yukon, the Northwest Territories and Nunavut, however they are excluded from Parts II, III and IV of the Canada Labour Code. Each of these Canadian territories have employment standards legislation for their territory which address employment and labour matters outside of the scope of Part I of the Canada Labour Code.
Finally, the third group of employers and employees are those engaged in industries and workplaces in federally regulated private sectors, to whom the entirety of the Canada Labour Code applies, being Parts I, II, III and IV. Employers and employees in federally regulated private sectors include:
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air transportation, including airlines, airports, aerodromes and aircraft operations;
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banks, including authorized foreign banks;
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grain elevators, feed and seed mills, feed warehouses and grain-seed cleaning plants;
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First Nations band councils and indigenous self-governments;
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most federal Crown corporations;
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port services, marine shipping, ferries, tunnels, canals, bridges and pipelines (oil and gas) that cross international or provincial borders;
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postal and courier services;
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radio and television broadcasting;
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railways that cross provincial or international borders and some short-line railways;
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road transportation services, including trucks and buses, that cross provincial or international borders;
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telecommunications, such as, telephone, Internet, telegraph and cable systems;
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uranium mining and processing and atomic energy; and
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any business that is vital, essential or integral to the operation of one of the above activities
Being employed pursuant to the Canada Labour Code means that your employment is distinguishable from employees who are subject to provincial employment standards legislation, which oftentimes is more clear cut and understandable. As such, it is important that when your employment does come to an end, whether you are fired, terminated, dismissed, retiring, resigning or quitting your job, your end of employment situation is properly analyzed by an employment lawyer knowledgeable in the nuances of the Canada Labour Code and what it means legally and financially to the departing employee.
If you are employed pursuant to the Canada Labour Code and your employment has ended, you should seek out knowledgeable legal counsel, given the evident misunderstanding and misapplication of the Canada Labour Code to employees subject to its statutory application. To schedule a confidential initial consultation, contact your Canada Labour Code lawyer today by telephone at 905-616-8864 or 403-400-4092, or via email at Chris@NeufeldLegal.com.
Who are Canada Labour Code Employers
and Employees?
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