How to Spot When Your Employer Is Breaching Employment Standards

Employer Is Breaching Employment Standards

The most significant thing in protecting yourself in the workplace is to know your rights as an employee. The employment standards legislation in Canada is unique to each province and territory and defines a minimum of rights and responsibilities of an employer and an employee. Such laws include the areas like wages, work hours, paid holidays, the termination notice, and the holiday of the people. However, not all employers abide by these rules and some of them might violate the rules of employment either unknowingly or willingly. Learning to be aware of the symptoms of a violation may assist you to act on time before the issue gets out of hand.

Recognizing Pay and Hours Violations

The failure to compensate employees is one of the worst violations of the employment norms. This may involve earning a salary that is below the minimum wage, failure to earn overtime or being denied a legally mandated break. Other employers can also treat a worker as an independent contractor to evade a number of payment entitlements when the worker acts as an employee. You should also regularly look through your pay stubs and make sure you are paid in accordance with the number of hours you have worked and the wage legislation available in your province.

The other indication of a breach is too many hours of work without a proper time to rest or receive overtime remuneration. The provincial regulations regarding the daily and weekly maximums and rest between shifts are quite obvious. In case you are scheduled by your employer more often than these limits or are forced to work overtime without payment, it can be a problem with the employment standards. Record all your working hours, any type of break or off-the-book time, as these facts may be the most important in case of a conflict.

Understanding Vacation, Leave, and Statutory Entitlements

The employers are also expected to comply with certain regulations in terms of vacation remunerations, statutory holidays as well as leaves of absence. In the event that you are not given vacation time or paid vacation money as required in your employment contract or a provincial law, it may be that your employer is violating. In the same way, failure to be paid statutory holiday or being asked to work a holiday without adequate payment can be a pointer of violation.

The employees also have the right to take some unpaid or paid leaves, which may be maternity, parental, or sick leaves. Your employer punishes you because you took these leaves, denies your request without any justifiable reasons, or punishes you because of it later, it can be the major violation of the employment law. It is critical to be aware of your rights and to examine what employment standards are applicable in your province in order to defend your rights.

Identifying Termination and Layoff Breaches

Another area that employers violate employment standards is termination of employment. Mostly, you have a right to either payment in lieu of notice or written notice depending on the length of time that you have been serving the company. When the employer terminates you abruptly without giving the due notice, and without severance pay, as well as without any justifiable cause, it can be considered an instance of wrongful dismissal. It may be reported that the termination is with cause, but the employer needs to have stated and documented reasons that qualify as legal.

The issue of temporary layoffs can also be a red flag in case it surpasses the time constraints that the law provides on employment. Other employers try to prolong layoffs to infinity or abolish the employment without adhering to the proper procedure. When this occurs, then you ought to consult a lawyer in order to know what you can or can not do and find out whether the employer violated your rights. An employment lawyer Vancouver can assist you in the process of getting through the provincial regulations and how they relate to your case.

Seeking Help and Taking Action

In case you feel that your employer is violating employment standards, you should not neglect the problem. Start by recording all that, such as pay receipts, work hours, letters and any form of statement by your employer. Often, it is possible to settle the issue on the inside and report the issue to your HR department or manager. Nonetheless, in case the problem continues or when you are fearing revenge, you might have to complain to your provincial employment standards office.

With more complicated situations, or in the case that you have been fired or that someone has intimidated you into quitting, the services of an employment lawyer would be much sought after. By consulting with a lawyer, you can determine whether any of the activities of your employer constitute a violation of the employment criteria or wrongful termination and whether you can sue or resume your duties. The most effective way of securing your career and making sure that you are lawfully treated in the workplace is to be knowledgeable of your rights and take proactive measures when something does not seem right.

Being able to see that your employer is violating employment standards means being able to see it, document it, and have the courage to voice your concern at the time you think something is amiss. Most employees believe that unfair treatment is just a part and parcel of the job but the employment laws in Canada offer significant protection which is aimed at ensuring that there is fair payment, reasonable working hours and safe working environments. Violation of those rights may also not only impact on your income, but also your well-being and stability in your profession.

By Allen