Non-hierarchical, Directly Democratic and Feminist since 1978
Labour and Employment Rights in Canada
(Valid for the 2014-2019 Collective Agreement)
Labour Rights Framework
Your rights as a worker in Canada come from several sources:
Federal law – from the Parliament of Canada
Provincial law – e.g. of British Columbia, if you are working there
In the case of unionized workers, a contract in the form of a Collective Agreement negotiated between the workers and the employer
All workers in Canada, regardless of citizenship or immigration status, have protection under this framework.
Key pieces of the framework include:
Canadian Charter of Rights and Freedoms
BC Human Rights Code
BC Labour Relations Code
BC Employment Standards Act
BC Workers’ Compensation Act
This page will explain these five documents.
Remember, if you’re a member of our union, the Collective Agreement between SFU and TSSU applies as well.
A collective agreement (CA) is a binding document mutually agreed between members of a union and the representatives of the employer. It can outline items such as wages, vacation, benefits, how to file a grievance, etc. In most cases if legislation is better in a certain regard than the CA, then the legislation applies; however, there are a few exceptions around hours of work, holiday pay, etc.
Please contact TSSU if you have questions about anything here or relating to the Collective Agreement.
Canadian Charter of Rights and Freedoms
This is often referred to as the “Charter.” It sets out the basic human rights that apply to everyone in their interactions with the government.
The Supreme Court has decided that the Charter protects the right to form a union and the right to strike, making unions a key part of Canada’s legal landscape.
BC Human Rights Code
The Human Rights Code guarantees that you can’t be discriminated against on protected grounds. These include, but are not limited to:
race
colour
ancestry
place of origin
religion
marital status
family status
physical or mental disability
sex
sexual orientation
gender identity or expression
age
A Human Rights Tribunal rules on cases of alleged Human Rights discrimination.
BC Labour Relations Code
The Code outlines the rules for how unions and employers must conduct themselves. It sets out basic rights such as:
the right to strike
the right to representation
the right to no retaliation (no punishment) for engaging in union activities or legally asserting your rights as a worker, including striking
The body which implements the Code and deals with disputes is the Labour Relations Board.
BC Employment Standards Act
This Act applies to all employees (unionized or not), and sets out requirements such as:
minimum pay
overtime pay
holiday pay (statutory and vacation)
Workers can appeal to a tribunal if they feel the Act has been violated. Unions can also file a grievance with their employer. A Collective Agreement can result in rights that are overruled by the act, so if you have a union you should always contact them as your first step!
BC Workers Compensation Act
The Workers Compensation Act has two key components. First, it sets out an insurance process through which workers injured on the job receive compensation without having to go to court.
Second, it gives power to WorkSafe BC to implement Health and Safety laws which all workers and employers have to follow. These laws are built on four rights:
the right to know about potential safety hazards, including paid training.
the right to refuse work you reasonably believe to be unsafe. The employer cannot refuse pay or retaliate against you for exercising your right. Contact the union if you face such a situation.
the right to participate in local Health and Safety Committees that the Employer must set up. You can participate if you work in any capacity at SFU.
the right to no retaliation for any legitimate actions you take.
The Health and Safety laws also include protection against bullying and harassment. If you are being mistreated on the job, then the Employer must take action to protect you against that harassment.
Additional Information
The details and information provided in this document is not exhaustive. Please view the full text of the Acts and Codes referred to:
