GATINEAU, QC, June 21,
2024 /CNW/ - The Government of Canada is growing the economy in a way that
helps every generation get ahead. This includes fair protection for
working Canadians by tackling the big issues in our workplaces and
in our society that are holding workers back.
Today, Minister of Labour, Seamus
O'Regan Jr., welcomed royal assent of legislative changes to
support federally regulated employees when it comes to accessing
the benefits and protections they're entitled to, maintaining a
healthy work-life balance and having the time they need for health
challenges or becoming a parent.
More specifically, these changes to the Canada Labour
Code will:
- protect gig workers' access to the rights, protections and
entitlements of employees under each part of the Code by
strengthening the prohibition against misclassification, including
through a presumption of employee status.
- improve work-life balance by requiring employers to issue right
to disconnect policies in consultation with employees or
unions;
- support workers who have experienced the loss of a pregnancy
with a new three-day paid leave; and,
- bring in a new 16-week unpaid leave for parents welcoming
children by adoption or surrogacy, ensuring they have job
protection when they access a corresponding Employment Insurance
benefit once it is fully implemented.
The Minister commends the many employers who provide benefits
and leaves that go above and beyond the minimum standards of the
Labour Code. For workers in workplaces where this is not the case,
these changes represent the new minimum standards that all
employers will be held to in federally regulated industries.
Changes to better protect gig workers come into effect immediately;
all other changes will require regulations and are expected to come
into effect next year to ensure employers have enough time to
prepare.
Quotes
"Right to disconnect. Parental leave. Banning worker
misclassification. It's all about making life better for workers.
So every worker can be at their best"
– Minister of Labour and Seniors, Seamus
O'Regan Jr.
"We are listening to Canadians and making changes to better
reflect family life in Canada
today. All parents deserve time to welcome their children home, and
all children benefit from that time. I am very pleased that parents
going through adoption and surrogacy will soon have the same access
as other parents to the time and support they need to welcome their
new children home."
– Minister of Employment, Workforce Development and Official
Languages, Randy Boissonnault
Quick facts
- There are approximately 19,150 employers in federally
regulated private sector industries, including federal Crown
corporations that together employ approximately
1,020,000 people (about 6% of all employees in Canada).
- The federally regulated private sector is composed of
workplaces from a broad range of industries, including
interprovincial air, rail, road, and marine transportation;
pipelines; banks; and postal and courier services.
- It's estimated that 41,000 gig workers currently operate in
federally regulated industries. Examples of gig workers in
federally regulated industries include some self-employed truck
drivers, couriers, network technicians, freelancers, artists and
cultural workers.
- The new 15-week shareable Employment Insurance benefit for
parents welcoming children by adoption or surrogacy benefit is
expected to provide support for approximately 1,700 Canadian
families each year.
Associated links
Backgrounder: Legislative changes to support federally regulated
employees
Budget 2024
2023 Fall Economic Statement
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Backgrounder: Legislative
changes to support federally regulated employees
On June 20, 2024, An Act
to implement certain provisions of the fall economic statement
(Bill C-59), received royal assent. It includes the following
legislative changes to the Canada Labour Code:
- Leave related to pregnancy loss
A new three-day paid
leave following a pregnancy loss. Dealing with pregnancy loss can
be extremely challenging, and individuals who experience it often
need time away from work to support their recovery. This new leave
will come into force on a day to be fixed by order of the Governor
in Council, but no later than by December 2025.
- Leave for placement of child
A new 16‑week unpaid
leave to support workers who need to carry out responsibilities
related to the placement of a child(ren) into their care,
whether through adoption or surrogacy. This will
ensure they can access the Employment Insurance benefit for
adoptive parents without fear of losing their jobs. This new leave
is expected to come into force through an Order in Council. The
additional week of leave considers the waiting period prior to
receiving EI benefit.
On June 20, 2024, Budget
Implementation Act, 2024, No. 1, (Bill C-69), received royal
assent. It includes the following legislative changes to the
Canada Labour Code:
- Better protections for gig workers
A growing share
of Canada's workforce is comprised
of gig workers—individuals who enter more casual work arrangements
to complete specific and often one-off tasks, frequently through
digital platforms. While gig work can offer many benefits, such as
flexibility and more freedom at work, these kinds of work
arrangements can also deprive workers of the rights, protections
and entitlements they deserve.
The new legislation to better protect gig workers in federally
regulated industries improves job protections for gig workers by
strengthening the current prohibition against misclassification.
Misclassification is when an employee is wrongfully classified as
an independent contractor and denied rights, protections and
entitlements as a result. The current prohibition is being
strengthened through a presumption of employee status and new
provisions that will ensure gig workers in federally regulated
industries can access the rights, protections and entitlements of
employees under each part of the Code. All workers – including gig
workers – are now considered employees unless proven otherwise when
their classification is contested. Independent contractor status is
the exception instead of the norm when employee status is being
contested, and the burden of proof would be on the employer. The
changes will not affect legitimate independent contractors.
Guidance documents regarding gig worker legislation is available
online:
- Misclassification – IPG-105
- Determining the Employer/Employee Relationship - IPG-069
- Misclassification in the trucking industry
- Misclassification in the Trucking Industry Infographic
For any questions, please contact the Labour Program at
1-800-641-4049.
- The right to disconnect
Employers will be required
to establish a right-to-disconnect policy that would help limit
work-related communication outside of scheduled working
hours. This change will ensure employer expectations are
clear, employee work-life balance is better protected, and
employees are compensated fairly for engaging in work-related
communication outside of their scheduled hours of work.
They will also require employers to:
- review and update the policy every three years;
- consult with employees when developing or updating the
policy;
- keep records of the policy and consultations; and
- post and provide the policy to employees.
Evidence shows that disconnecting from work is critical to
well-being and productivity. Right-to- disconnect policies can
reduce the informal expectation that employees must remain
constantly connected, while maintaining the flexibility employers
need to keep the economy moving.
Information, tools and resources will be made available to
employers and employees before the coming into force, which will
take place in 2025 to ensure employers have enough time to
prepare.
SOURCE Employment and Social Development Canada