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Employment and labor law in Markham, Ontario, covers the rights and responsibilities of employers and employees in the workplace. These laws are designed to ensure fair treatment, health and safety, and compliance with both provincial and federal standards. Markham, situated in the Greater Toronto Area, follows the regulations set out by the Province of Ontario, as well as relevant federal laws for industries that fall under federal jurisdiction. Employment and labor law addresses issues such as employment contracts, wrongful dismissal, workplace harassment, working conditions, wages, and human rights.
There are many situations in which individuals and employers may require legal assistance regarding employment and labor matters. Some common scenarios include:
A lawyer can provide guidance on your rights, help resolve disputes, and represent you in negotiations or before tribunals and courts.
In Markham, most employment relationships are governed by the Ontario Employment Standards Act, 2000 (ESA). This Act sets out the minimum standards for things like hours of work, minimum wage, termination notice, severance pay, and leave entitlements. Employees in certain federally-regulated industries (banking, telecommunications, interprovincial transportation) are covered under the Canada Labour Code instead.
Other important laws and regulations include:
Employers are not allowed to contract out of these minimum standards or retaliate against employees who assert their rights. Legal advice is often necessary when navigating complex situations or if you believe your rights have been violated.
As of 2024, the general minimum wage in Ontario is $16.55 per hour. Some exceptions may apply for students, liquor servers, and homeworkers. Minimum wage rates are typically reviewed annually.
Yes, employers in Ontario can dismiss employees without cause, but they must provide proper notice or pay in lieu of notice under the Employment Standards Act. There are exceptions and additional entitlements depending on your contract and circumstances.
Wrongful dismissal occurs when an employer terminates an employee without adequate notice, pay in lieu, or in violation of the employment contract or the ESA. Constructive dismissal, when significant changes are made to your job without consent, may also qualify.
Employees are protected under the Ontario Human Rights Code and the OHSA. Employers must investigate and address complaints of harassment, bullying, and discrimination based on protected grounds.
Severance pay eligibility depends on your length of service, size of the employer, and other factors. The ESA provides rules for who is entitled to severance, which is separate from termination pay.
Employees in Ontario are entitled to maternity and parental leave with job protection under the ESA. These leaves are unpaid, but you may be eligible for Employment Insurance (EI) benefits through the federal government.
You can file a claim with the Ontario Ministry of Labour if your employer has not paid you correctly. There are time limits for making such claims, so prompt action is important.
Significant changes to your pay or duties made without your agreement may amount to constructive dismissal. It is important to seek legal advice if your working conditions are altered unexpectedly.
Workplace injuries in Ontario are generally covered by the Workplace Safety and Insurance Board (WSIB). Report the injury to your employer and seek medical attention promptly. You may be entitled to benefits and accommodation.
You have a right to reasonable accommodation in the workplace. Speak to your employer about your needs. If issues arise, contact the Ontario Human Rights Tribunal or seek legal advice.
Here are some organizations and governmental bodies that can assist with employment and labor issues in Markham:
If you are experiencing an employment or labor issue in Markham, Ontario, consider the following steps:
Taking early and informed action can help protect your rights and achieve the best possible outcome. If you are unsure about your next steps, seeking legal advice is always recommended.
