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Federally Regulated Employers

For Employers

As federally regulated employers in BC, Canada, it’s important to understand the unique set of rules and regulations that govern your workplace. Whether you’re dealing with issues related to labour standards or human rights, having legal guidance and representation can make all the difference. 

What is a Federally Regulated Employer?

Federally regulated employers are companies that fall under the jurisdiction of the Canada Labour Code, which is administered by the federal government. This covers businesses in industries such as interprovincial transportation (including railways, airlines and airports), telecommunications, banking, and crown corporations (to name a few). Employees working in these industries have their rights protected by federal law.

Federal vs Provincial Labour Regulations

While both systems provide basic protections to employees across the country; there are some notable differences between them. For instance, under the CLC employees have additional adjudication options with respect to unjust dismissal claims whereas provincially-regulated employees do not have these specific remedies available to them. Additionally; severance pay policies also vary greatly between jurisdictions which can impact businesses when making staffing decisions.

List of Federally Regulated Employers in Canada

  • Interprovincial transportation (including railways, airlines, and airports)
  • Telecommunications
  • Banking
  • Crown corporations (e.g. Canada Post, CBC) 
  • Nuclear facilities 
  • Marine shipping 
  • Radio and television broadcasting 
  • International and interprovincial pipelines 
  • Grain elevators and feed mills 
  • First Nations band councils 
  • Federal Crown corporations that operate in more than one province

Implications for a Federally Regulated Employer?

Dealing with federally regulated employees might seem like a daunting task. However, if you have the right information and guidance, you can avoid the common pitfalls that organizations face. Here are just some of the issues you will need to comprehend as an employer in these specific industries. 

Paying Federal vs Provincial Minimum Wage

Federal and Provincial minimum wage rates differ in BC, Canada. Federally regulated employers such as banks, inter-provincial transportation companies, telecommunications firms and others must follow the federal minimum wage of $16.65 per hour. However, provincial minimum wage may still apply to employees under certain circumstances or industries.

When determining which minimum wage rate should apply for an employee in British Columbia it’s essential that employers understand whether they fall under federal or provincial jurisdiction as both have their own standards set by law. Employers are advised to seek legal advice if they are unsure about how these laws apply before setting a pay scale for new hires or adjusting current ones.

Maximum Hours of work 

Federally regulated employers in British Columbia, Canada are required to adhere to the maximum hours of work rule which states that employees can only work for up to 48 hours per week. Exceptions to this rule include certain industries and professions such as healthcare, transportation, and emergency services where longer working hours may be necessary. However, these exceptions must still comply with specific regulations and requirements.

Penalties for violating the maximum hours of work rule can range from fines to legal action depending on the severity of the violation. Employers should take this rule seriously and ensure compliance in order to avoid any negative consequences.

To ensure compliance with this rule, employers should consider implementing measures such as: 

  • Tracking employee working hours accurately
  • Providing adequate rest periods between shifts
  • Offering flexible schedules or part-time options when possible
  • Ensuring all employees understand their rights under federal labor laws

Any Employee Complaint will go Through Federal Process

Any employee complaint will be processed under section 240 of the Canada Labour Code. The federal government is present to ensure fairness and to make sure employers are adhering to legal requirements. Claims can range from workplace harassment to unjust dismissal.

Unjust dismissal under federal law means that an employee has been terminated without cause or justification. This differs from termination in provincially-regulated employment, where employers can terminate employees for any reason as long as they provide reasonable notice or compensation in lieu of notice.

Employees are Entitled to Severance Pay

Federally, under the Canada Labour Code, employees with at least 12 months of continuous employment are eligible for severance pay, calculated as two days’ pay for each full year of service, with a minimum of five days’ pay. This continuity of employment isn’t interrupted by approved absences or certain lay-offs. 

However, severance pay isn’t required when a lay-off doesn’t result in termination, an employment contract ends on its specified end date, an employee is dismissed for just cause, or an employee quits. These rules may differ from provincial regulations, so BC employers must ensure compliance with the appropriate regulations based on their jurisdiction.

Benefits of Hiring a Lawyer for Federally Regulated Employers

When dealing with federally regulated employees, it is essential for employers to have a lawyer on their side. A skilled legal professional can help set up processes and policies that adhere to federal rules, ensuring compliance and avoiding costly errors. Additionally, lawyers can offer guidance in handling disputes with federally regulated employees to minimize negative outcomes for the employer.

Set up Processes and Policy that adheres to Federal rules

Properly understanding the Canada Labour Code is crucial when setting up processes and policies that adhere to federal rules. Employers cannot afford errors when it comes to overtime pay, hours of work, and leave entitlements. By doing so, employers can establish a fair workplace environment for all employees.

When crafting employee contracts with necessary clauses, it’s important to consider federal regulations regarding workplace safety and health. This includes ensuring appropriate training is provided on hazard prevention and response protocols.

Establishing clear policies also helps employers avoid disputes with federally regulated employees. Such policies should outline expectations for behavior in the workplace while leaving room for flexibility where needed. In cases where disputes do occur, having established dispute resolution mechanisms can help resolve issues quickly before they escalate into larger legal battles.

Handle Disputes with Federally Regulated Employees

Mediating disputes between federally regulated employers and employees is crucial in maintaining a peaceful and productive workplace. Our team of legal experts can provide mediation services to reach amicable solutions for both parties involved. In the event that a settlement agreement needs to be drafted, we ensure that it adheres to federal regulations while protecting the interests of our clients. Furthermore, we provide representation during arbitration or court hearings to defend our client’s rights and bring about fair resolutions.

Properly Filing Complaints on Employees

A clear understanding of the process of filing complaints, investigations, and other related actions can help mitigate potential legal consequences while protecting the rights of both parties involved. Employers should seek assistance in drafting documentation related to complaints as it ensures that all relevant information is recorded accurately and within federal compliance standards.

When an employer files a complaint against their employee, they must have thorough documentation outlining any evidence supporting their allegations. The documentation will provide investigators with sufficient grounds for investigation into the matter at hand. It also assists in establishing timelines and facts, which may prove crucial during hearings or trials if legal action is taken by either party involved.

Employer Compliance Audits

Reviewing an employer’s policies and procedures for compliance with federal laws is a critical aspect of our employer compliance audits. Our team of experts examines every detail, from job descriptions to record-keeping practices, ensuring that the policies in place align with current regulations. If we identify gaps or errors, we provide recommendations for corrective measures to help bring your organization up to code.

Properly Terminating Employees

Terminating employees can be a difficult process for employers, especially in federally regulated industries where strict legislation must be followed. Our team provides legal guidance to ensure compliance with relevant laws when terminating employment contracts while minimizing the risk of legal action against employers.

The right team, dedicated to your success