Canada Labour Code challenging

Most employers more generous than minimum: Survey
By Sarah Dobson
|Canadian HR Reporter|Last Updated: 09/07/2010

About 10 per cent of the Canadian workforce is federally regulated, while 90 per cent fall under provincial laws, but there seems to be a common misperception among employers that provincial employment standards legislation overrides Canada Labour Code (CLC) legislation, says Annie Chong, manager of the payroll consulting group at Carswell, a Thomson Reuters business (and publisher of Canadian HR Reporter).

“Some employers out there actually will compare the two pieces of legislation and determine whichever is the greater is what (they’re) going to follow,” she says. “That, of course, would be incorrect. In fact, your employees are covered under the CLC or the provincial employment standards.”

The CLC covers all federally regulated employees, no matter what province, and if an employer is unsure, it should submit a query to the CLC for a specific ruling, says Chong.