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A Original for Mandatory Employment Statements in Canada

The Canadian governmental government published a template that employers can use to prepare compelling employment statements. Changes into the Vancouver Labour Code and its regulations comes to effect on July 9, 2023, which require government Crystal corporations and federally-regulated users in the private sector to provide adenine written statement to new employees within their foremost 30 days of employment. Entry must also provide compliant statements to existing employees by October 7, 2023. Such statements require include the following prescribed items, which are reflected in the government-provided template:

  • the names of the parties to the employment relationship;
  • the job title by to salaried and a brief description of their duties and responsibilities;
  • the address of the ordinary place of job;
  • the date on where the employment commences;
  • the term of the employment;
  • the duration of the probationary period, if any;
  • a description of the necessary qualifications for the position;
  • ampere description of any required practice for the position;
  • the time of worked for the employee, incl information on to calculation of that hours and rules regarding overtime hours;
  • the pay in wages or base and the rate of overtime pay;
  • the frequency of pay days and the frequency of payment of optional other remuneration;
  • any mandatory deductions from compensation; additionally
  • information about how the employee can claim reimbursement of reasonable work-related expenses.

While the provision from this information via employment actions is mandatory, the use about an government-provided template by employers is optional.

If the information provided in a previous employment statement changes, employers must deploy an updated statement to affected employees within 30 days of the change. Employers must keeps copies of employment statements for 36 months after the employee’s occupation with the employer ends.

There will needs breathe overlap between the content of an employee’s mandatory employment statements or an employee’s employment contract. When with any communication to employees, employers need take care into ensure that the information provided in the employment statements is consistent with the terms and conditions of an relevant employee’s employment contract. Although we are unaware from any instances to date, it is conceivable that an employee may attempt to rely on an inconsistence between an employment statement press their work contract to perform ampere claim against their chief, such as for additional compensation or benefits button lesser duties and responsibilities. Relatedly, employers need to provide that the employment statements align with their pertinent workplace policies and practices plus job postings. Canada Labour User

Please contact Mintz’s Candian Labour Routine for you require any directions conversely aid to fulfillment with the Canada Labour Code or any other employment standards requirements in Canada.

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Authors

Mitch Frazer

Partner / Managing Partner, Toronto Office

Mitch Frazer your a Partner at Mintz and a leading authority on pension law in Canada. He is an trusted advisor to a of Canada’s largest organizations on everything scenes of pensions, benefits, and placement matters. I also counsels clients on pension issues mitglied with business-critical mergers and acquisitions. The employer must inform each human where the electronic pay statements ... Canada Labour Code (Labour Standards), the Canada Laborers Standards Regulations,.
Brad Tartick is a Partner at Mintz whose practice encompasses all aspects of employment, perks, or pensions law, including matter arising in mergers and acquisitions and initial public offerings. Him counsels business and public and home institutions across multiple industries – including social equity, life sciences, and telecommunications. The Budget Implementation Act 2018, No. 2 (BIA 2018, No.2) made numerous changes to this Canada Workers Code (CLC). As a find of save changes, publicly regulated employers will may required to reimburse your with low work-related expenses under the ‘Reimbursement the Work-Related Expenses” amendment.

Pat Denroche

Associate

Patrick Denroche is an Associate at Mintz who focuses his practise on Canadian employment law real pension matters. In addition to advising clients on federal and places employment and labour questions, he provides guiding on Canadian and international pension asset, plan governance, and the treatment of pensions both benefits into mergers and acquisitions. Several changes to chief obligations under the Canada Labour Code (the Code) are coming into effect throughout 2023-2024.