- Summary of part III of the Canada Labour Code
- Do you need an employee code of conduct? | CFIB
- Basic rules
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September 24, Terminating an employee can be hazardous to your businesses August 20, What not to wear: Avoiding dress code discrimination August 6, Notice to employer The employer may require the employee to provide reasonable verification of the necessity of the leave. Leave for part day If requested by the employer, the employee must also provide evidence of his or her entitlement to the leave.
Length of leave Notice of leave for service Return to work after notice The employer may defer the employee's return to work by up to two weeks or one pay period, whichever is longer, after receiving the notice.
Summary of part III of the Canada Labour Code
Unpaid leave for donating an organ Notice and medical certificate to be given to employer Extending leave Notice to employer — minimum period When extended leave ends If requested by the employer, the employee must provide evidence of his or her entitlement to the leave. Entitlement to leave re adult Leave taken in one or more periods When leave must end Additional leaves Entitlement to leave — disappearance of child Exception Verification Leave must be continuous Physician's certificate re employee's fitness to return Meaning of "physician" Employee entitled to domestic violence leave Purposes for which domestic violence leave may be taken Unpaid leave Paid leave Amount of pay Employer's option re paid leave Employee must provide verification for paid leave Employer may require verification for unpaid leave Vacation deferred because of leave 60 4.
Section 36 applies to the deferred vacation. Vacation and leave entitlements not reduced 60 4. Consecutive periods of employment, including periods of employment that began before this section came into force, are to be treated as a continuous period of employment.
Period of employment Notice period less than one year 1 week at least one year and less than three years 2 weeks at least three years and less than five years 4 weeks at least five years and less than 10 years 6 weeks at least 10 years 8 weeks S. Application: temporary help employees 62 1.
Termination by employee Termination without notice by employee Condonation means that the employer has not corrected a behaviour in the past. An employee must be told that the employer will no longer allow the poor performance. The employee must understand what will happen if their performance does not improve.
Do you need an employee code of conduct? | CFIB
Depending on the problem an employer is having with an employee, it may be better to correct the problem by using progressive discipline rather than by ending the employee's job. Progressive discipline can begin with spoken warnings, move to written warnings and suspensions, and then end with firing the employee.
For example, an employee who is a good worker but does not follow work procedures properly may just need spoken and written warnings to correct the problem.
The discipline should match the seriousness of the problem. There are times when the steps above would not need to be followed because of the seriousness of the employee's behaviour. For example, if the employer can prove that the employee has stolen from the employer, then the employer may be able to fire the employee without warning or notice.
There may be limited circumstances, like a theft, in which an employer may fire an employee with 10 years of service and not have to follow the four steps.
When Labour Standards finds that an employee with 10 years or more of service has been fired without good reason, the employer may be ordered to bring the employee back to the job with full back pay dating to the date the employee was fired. If the employee does not wish to go back to the job, Labour Standards may order pay in lieu of reasonable notice, which could be more than the 8 weeks' statutory notice required for an employee with 10 or more years of service. Note: An employee of ten years or more can be laid off with 8 weeks' notice for shortage of work or due to an elimination of a position.
The Labour Standards Code says there are times when an employer can end the employment of an employee with 10 years or more of service without just cause and without notice or pay in lieu of notice.