What rights do workers have in Canada?

Canada has one of the most developed and comprehensive labor rights protection systems in the world, providing a strong foundation for fair labor relations and decent working conditions for millions of Canadians. The labor rights system in Canada is multi-layered and complex, encompassing federal, provincial, and territorial jurisdictions, each with its own characteristics and specific requirements. This complex network of legislation creates a powerful protective mechanism for workers that is constantly evolving and adapting to the new challenges of the modern world of work.

A fundamental feature of the Canadian labour rights system is that approximately 90% of workers are covered by provincial legislation, while only 10% of workers are regulated by federal legislation through the Canada Labour Code. Federal jurisdiction extends to specific sectors of the economy, such as banking, air transportation, radio and television broadcasting, interprovincial transportation, telecommunications, and federal government agencies. All other workers are subject to the legislation of the province or territory where they work, regardless of the location of their employer's head office.

The labor rights system in Canada is based on the principle of establishing minimum standards that cannot be reduced even with the consent of the employee, but can be improved through collective agreements, individual employment agreements, or corporate policies. This means that the legally established standards are the absolute minimum below which working conditions cannot fall, but employers have the right and often offer better conditions to attract and retain talent.

Fundamental rights to safety and health at work

The Canadian occupational safety and health system is based on the concept of internal responsibility, according to which all participants in the work process—from employers to employees—share responsibility for creating and maintaining a safe working environment. This system is based on three fundamental rights that are guaranteed to all workers in Canada, regardless of industry, company size, or employment status.

The right to know is the first and fundamental right that guarantees workers access to complete information about all potential hazards in their workplace. This right includes receiving detailed information about chemical substances, physical hazards, ergonomic risks, and other factors that may affect health and safety. Employers are required to provide this information before work begins and to update it regularly as new risks are identified. The information must be accessible to workers with special needs (Braille, large print, audio recordings, sign language).

The right to participate enables workers to be actively involved in processes relating to occupational safety and health at the workplace: to elect health and safety representatives, to join relevant committees, to make suggestions for improving safety, and to participate in accident investigations. Workers are also required to report hazards without fear of punishment or retaliation. This right ensures that it is the employees who know the specifics of their work best who influence the improvement of safety conditions.

The right to refuse dangerous work is the most powerful tool for protection: an employee may refuse to perform work that they reasonably believe to be dangerous to themselves or their colleagues without fear of dismissal or disciplinary action. Reasonable belief that a hazard exists is sufficient. After refusal, an impartial investigation must be conducted, and the worker must not return to work until the hazard has been eliminated.

Employment standards and working conditions

Canadian employment standards set minimum requirements for working conditions and cover virtually all aspects of the employment relationship. The standard work week is 40 hours (8 hours per day), but in Alberta and Ontario, the limit is 44 hours for most workers.

Overtime pay is mandatory in all jurisdictions and is usually 1.5 times the standard rate (overtime pay) for hours worked in excess of the standard. The limit is reached after 40–44 hours per week, depending on the province, and there may be separate daily limits.

The minimum wage is set separately by each province and territory and is regularly reviewed (2024: from $11.81/hour to $16/hour, federal — $15.55/hour). Wages are usually indexed to inflation.

Mandatory breaks and rest periods are regulated by law: every 5 hours of work — a 30-minute unpaid break, as well as a minimum of 24 hours of uninterrupted rest per week (in some provinces — more).

Right to vacation and sick leave

In Canada, employees with up to 5 years of service are guaranteed at least 2 weeks of paid vacation per year; with more than 5 years of service — 3 weeks or more (depending on jurisdiction). Vacation pay is at least 4% (2 weeks) or 6% (3 weeks) of annual salary.

Paid public holidays vary between provinces but usually include New Year's Day, Canada Day, Labor Day, and Christmas. If an employee works on these days, they are guaranteed higher pay or another day off.

Sick days are regulated by local laws: some places have paid sick days, while others only have unpaid sick days but protect employees from being fired while they're sick. COVID-19 has sped up the introduction of paid sick days in many regions.

Maternity and parental leave

The maternity and parental leave system is one of the most progressive in the world:

• Maternity leave — up to 15–17 weeks for biological mothers (begins 11–13 weeks before and ends up to 17 weeks after childbirth).
• Parental leave — up to 35–63 weeks, can be shared between both parents (biological, adoptive, partners).
• Employment Insurance covers 55% of earnings (standard) or 33% (extended plan), with a fixed maximum limit per week.

Protection against discrimination and harassment

The Canadian Human Rights Act is in force at the federal level, and each province has a similar law. Discrimination based on race, origin, religion, age, gender, sexual orientation, gender identity/expression, disability, criminal record (for which a pardon has been granted), etc. is prohibited.

Harassment is discriminatory behaviour that may include unwanted jokes, comments, threats, physical contact or the creation of a hostile atmosphere. Responsibility lies not only with the direct perpetrators, but also with the employer if they have not taken preventive and responsive measures.

Starting in 2021, federally regulated employers must have a policy to prevent harassment/violence: clear processes for filing and reviewing complaints, confidentiality, protection of complainants, training, and risk assessment.

Right to privacy in the workplace

Protected by federal law PIPEDA (Personal Information Protection and Electronic Documents Act) and provincial equivalents.

• Personal data may only be collected/used with informed consent, except as expressly permitted by law.
• An employee cannot waive their right to privacy “in general,” and such a waiver is not a condition of employment.
• Monitoring and surveillance are permissible but must be proportionate, limited, and transparent.

Rights to collective bargaining and association

Employees have the constitutional right to form trade unions, join them or not, and to engage in collective bargaining with their employer.

• Agreements between trade unions and employers cover all members of the workforce, and their terms and conditions may not be less favorable than the minimum standards.
• The parties' obligations regarding good faith negotiations, mediation, and dispute resolution (“cooling-off” procedures) are specified.
• From June 2025, the use of replacement workers during strikes or lockouts will be prohibited in the federal sphere.

Rights upon dismissal and protection against unfair dismissal

Canada does not recognize “at-will employment” — for lawful dismissal without cause, advance written notice or payment in lieu of notice must be provided, with the period depending on length of service.

• For many federal and provincial employees, there is a graduated scheme ranging from two weeks (3 months to 1 year of service) to eight weeks (8+ years of service).
• Severance pay is paid separately after one year of employment (federal level — 5 days plus 2 days for each year).
• Employees are protected from unfair dismissal (including due to union activity, filing complaints, etc.).

Special rights for vulnerable categories of workers

Additional protections apply to workers under the age of 18 (restrictions on hours, types of work, minimum wage for young people), temporary foreign workers (all the same rights, close government supervision), workers with disabilities (right to accommodation for unreasonable difficulties).

Right to flexible working conditions

Employees in the federal sector have the right to request changes to their work schedule, duration, or place of work (flexible approach); the employer is obliged to consider the request and provide a reasoned response.

Rights to information and consultation

Employees have the right to receive detailed, understandable information about their pay (pay slips with all deductions and allowances), access to personal data, and a written explanation of payments upon termination.

Mechanisms for protecting and restoring rights

There are several ways to protect your rights:

• Contacting government inspectorates (Employment Standards or Labor Standards)
• Each province has a structured appeal system
• Possibility of legal protection (in complex or specific cases)
• The Canada Industrial Relations Board reviews collective disputes and unfair dismissal issues at the federal level

Developments and future trends

The labor rights system in Canada is constantly improving: protection against harassment is expanding, the minimum wage is increasing, the system of flexible and remote work is expanding, and new guarantees for digital platform workers are being introduced. After the pandemic, paid sick leave became more widespread, and protections for workers in the privacy and essential services sectors were strengthened.

The Canadian labor rights system is complex but flexible and progressive, allowing it to respond effectively to economic, technological, and social transformations. A clear understanding of one's rights is key to protecting the interests of every employee and to building healthy, productive, and fair workplaces in modern Canada.