Editing Canada Labour Code (section)

=== Part 3: Federal Labour Standards ===

The third part of the Code is divided into 16 divisions which deal with terms and conditions of employment concerning hours, wages, leave, holidays, and sexual harassment. It also sets the conditions for the termination of employment.

Division I establishes the eight-hour day and forty hour week but permits averaging if the profession demands extended hours. Workers must get at least one full day, "Sunday shall be the normal day of rest," [s.173] and overtime is paid at least one and one-half times the normal wage. Division II establishes that the Province of employment's [[minimum wage]], with the exception of those based on [[ageism|age discrimination]], [[Minimum wages in Canada|shall be used for workers in industries under federal jurisdiction]]. This division also deals with wage deduction with respect to room, board, [[uniform]]s, tools, etc. Division III refers to the [[Canadian Human Rights Act]] for prohibition to [[discrimination|discriminatory]] wage practices. These first three divisions should also be read with the Fair Wages and Hours of Labour Act (R.S. 1985, c. L-4 ) which concerns public works and those on government contracts. Also, division XV requires that payment of wages must be made within thirty days.

Divisions IV and V establish the amount, length and pay for vacations and holidays. Division VI allows the [[Order in Council|Governor in Council]] to make special regulations for industries that use multiple employers for the same job.

Divisions VII, VIII, XIII, and XIII.1 make arrangements for [[maternity]], parental, compassionate care, [[Grief|bereavement]], and [[sick leave]]. These sections say that  "no employer shall dismiss, suspend, lay off, demote or discipline an employee because of absence due to [[illness]] or [[injury]]…"[s.239(1)], or any other of these aforementioned leave periods and that "[[pension]], health and disability benefits and the seniority of any employee…[during] a leave of absence…shall accumulate during the entire period of the leave."[s209.2(1)] Specifically, an employee is permitted 17 weeks of maternity leave, 63 weeks for parental leave, 8 weeks for compassionate care leave, and 3 days for bereavement leave. The leave period, and its associated benefits, due to illness or injury, depends upon the nature of the illness or injury and the period of absence.

Divisions IX to XII, XIV set the procedures for termination of employees. Division IX deals with lay-offs of 50 or more people wherein a 16-week notice must be given to the [[Minister of Human Resources and Skills Development]] and the Canada Employment Insurance Commission and a 2-week notice to individual employees. Division X deals with the termination of fewer than 50 people wherein 2 weeks' notice or 2 weeks' pay in lieu of notice must be given to the employee. Division XI deals with the allotment of [[severance package|severance]] pay and division XII prohibits termination or any other disciplinary action due to any [[garnishment]] proceedings of any employee. Division XIV makes provisions in cases of unjust dismissals. A complaint of an unjust dismissal may be made to an inspector who in turn can require the employer to provide a written statement of the reasons for the dismissal. If the inspector cannot settle the dispute then the Minister may appoint an adjudicator to resolve the dispute.

Division XV.1 prohibits [[sexual harassment]] by saying that "every employee is entitled to employment free of sexual harassment." [s.247.2]. It defines  sexual harassment as "any conduct, comment, gesture or contact of a sexual nature (a) that is likely to cause offence or [[humiliation]] to any employee; or (b) that might, on reasonable grounds, be perceived by that employee as placing a condition of a sexual nature on employment or on any opportunity for training or promotion." [s.247.1]