Complaints related to salary and other amounts due
Among the complaints related to labour standards, one of them concerns salary. Workers may file a complaint with CNESST if they believe that their employer has not paid wages or other amounts required by law.
Under the Act respecting labour standards, the CNESST can claim, on behalf of the worker, any unpaid salary or other amounts required by law, such as overtime, training and meeting hours, work-related travel time, vacation pay, statutory holiday pay or termination pay.
A worker may file a complaint, for example, for unpaid overtime, unpaid vacation days or if their salary is lower than that of a colleague performing the same duties in the same establishment, but with a different employment status (part-time or full-time).
Time limit for filing a salary claim: one year from the date on which the amounts are due.
Complaint for prohibited practice
If a worker believes that they are the victim of sanctions, discriminatory measures or reprisals for exercising a right under the law, they can file a complaint for prohibited practices, related to employment standards.
Several prohibited practices justify filing a complaint to the CNESST. This applies, for example, when a worker has been penalized, discriminated against, or faced reprisals because they:
- Announced that they were pregnant
- Took maternity, paternity or parental leave
- Took sick leave
- Speak only French, has insufficient knowledge of a language other than French, or insist on exercising a right provided for under section 45 of the Charter of the French Language. In this case, to file a complaint, contact Customer Service at 1 844 838-0808 and select the Labour Standards option.
- Took leave to fulfil parental obligations
- Refused to work beyond their usual hours to meet family obligations
- Reported or helped investigate a complaint or report of psychological harassment in the workplace.
Time limit for filing a complaint: The worker has 45 days following dismissal or sanction.
If the person was forced to retire or sanctioned for refusing to retire. They have the right to continue to work despite having reached or exceeded the age or number of years of service at which they could otherwise be required to retire. In this case, they have 90 days to file their complaint.
An employer has the right to terminate a worker’s employment, as this falls within their managerial authority. However, if a dispute arises following a dismissal, termination, or layoff and must be resolved before a judge, the employer must demonstrate that the decision was based on
Specifics regarding prohibited practices affecting TFWs
The CNESST:
- Can exercise recourse on behalf of a worker if it has reasonable grounds, following an investigation, to believe that one of their legal rights has not been respected;
- Can impose penal sanctions on an employer found to be at fault following a monitoring activity.
Disparities in working conditions
The ALS prohibits disparities in working conditions that are solely based to the date at which workers are hired.
In principle, workers who perform the same tasks within the same establishment cannot be granted different working conditions simply because they were hired before or after the others. Workers who believe that they are subject to different working conditions from colleagues performing equivalent work may avail themselves of Sections 87.1 and 87.2 of the ALS.
The working conditions concerned are:
- Salary;
- Working hours;
- Paid statutory holidays;
- Vacation leave;
- Rest periods;
- Absences due to illness or accident;
- Absences and leave for parental or family obligations;
- Notice of termination or layoff and work certificate;
- Uniforms, equipment and tools provided;
- Training and travel expenses;
- Pension plans and other social benefits.
Exceptions are provided for under Section 87.3 of the ALS, particularly in cases involving:
- Specific permanent conditions for accommodating a person with a disability;
- Temporary working conditions applied following an exceptional event (reassignment or demotion, business merger or internal reorganization);
- Situations in which several salary scales coexist temporarily within a business (in which case the employer must eliminate pay gaps within a reasonable period).
Maintenance of employee status
A worker has the right to maintain employee status, and their employer cannot unilaterally change this status.
Under the terms of Section 86.1 of the Act respecting labour standards,
“a worker is entitled to maintain their employee status when the changes made by the employer to the operation of the business do not have the effect of changing that status to that of self-employed entrepreneur.”
In other words, an employer cannot change the employee status to that of an independent contractor or self-employed worker without their consent.
A person who is contractually identified as a self-employed worker may still be considered an employee under the ALS if the business exercices control over their work and decides on the type of duties and how they are performed.
TFW Special
Additional conditions for changing the worker’s status
Additional conditions may apply to Temporary Foreign Workers (TFWs), depending on the type of work permit they hold.
TFWs with closed permits, whether under the Temporary Foreign Worker Program (TFWP) or the International Mobility Program (IMP), cannot change employer or employee status, even by mutual agreement with their employer, unless they apply for and obtain new immigration and work authorization documents.
TFWs with open permits, under the IMP, may choose to change employer or status, provided their work permit is valid. Of course, the same applies to individuals holding permanent resident status.
Human trafficking
The exploitation of workers is a criminal offence. If you or someone you know is a victim of human trafficking, there are solutions available to escape the influence of traffickers.
Public Safety Canada defines human trafficking as “the recruitment, transportation or harbouring of victims for the purpose of exploitation, typically through sexual services or forced labour.“
In the event of abuse by their current employer (physical, sexual or psychological violence, financial exploitation), temporary foreign workers with a closed permit may, under certain conditions, apply for an Open Work Permit for Vulnerable Workers (OWP-VW). Free of charge and valid for up to a year, the OWP-VW allows TFWs to change employers and start work while waiting to find a new employer and apply for a new work permit.
It therefore does not necessarily involve cross-border movement or any specific immigration status.
However, for victims who are also immigrants, or even people with no legal status in Canada, there are solutions, such as the Temporary Resident Permit (TRP), which grants temporary immigrant status (12 months maximum) in Canada free of charge.
TFW Special
Reporting abusive situations for TFWs
Certain situations can be reported by the Temporary Foreign Worker to Service Canada, including:
- Being threatened, intimidated or mistreated;
- Having threats made against your status in Canada;
- Being prevented from leaving your workplace or residence;
- Being denied access to your passport or documents;
- Being required to perform work that is different from what appears in the LMIA and the employment contract;
- Being loaned or assigned to another business, with or without pay.
Available 24/7 :
+1 (833) 900-1010
Email: hotline@ccteht.ca
