Deadline looms for federally regulated employers to provide employment statistics to existing employees

Deadline looms for federally regulated employers to provide employment statistics to existing employees

July 9, 2023 canada labor law (“”code) and some of its regulations have entered into force. These amendments were first proposed in the 2018 Budget. What is particularly urgent is Federally regulated employers must provide employment statements to existing employees by October 7, 2023.[1]

New requirements for federally regulated employers to provide employment statements to employees

The Code is amended by the addition of Section 253.2, which requires federally regulated employers to provide new employees with a written statement of employment within the first 30 days of employment. Additionally, existing employees employed as of July 9, 2023 will have until October 7, 2023 to submit statements.

Section 3.1 Canadian Labor Standards Regulations List the information that must be included on the employment statement.

1. Names of parties to the employment relationship.
2. A brief description of the employee’s job title and its duties and responsibilities.
3. Regular work address.
4. The date on which employment begins.
5. duration of employment;
6. The length of the trial period, if any.
7. A description of the qualifications required for the position.
8. A description of the training required for the position.
9. The employee’s working hours, including information about the calculation of those hours and the rules regarding overtime hours.
10. Wage or salary rates and overtime rates.
11. Frequency of paydays and other compensation payments.
12. Compulsory deductions from wages.and
13. Information on how employees can request reimbursement for reasonable work-related expenses.[2]

Existing documents such as written employment contracts, collective agreements, and policy manuals may already meet these requirements. If a separate statement is provided, the employer must ensure that there is no conflict between the employment statement and the employment contract. Additionally, if there is a change in the information provided on the employment statement, the employer must provide her with a revised statement within 30 days.[3]

Employers must also retain copies of employment statements for 36 months after an employee’s employment ends.[4]

Federally regulated employers must provide employees with Department of Labor materials

Section 253.1 of the Act requires employers to provide their employees with materials published by the Department of Labor containing information about employer and employee rights under Part 3 of the Act.[5] These materials must be provided to new employees within 30 days of hire and existing employees by October 7, 2023. Additionally, the latest version of all materials should be posted in an easily accessible location.[6]

Upon termination, the employee must be provided with a copy of the latest version of these materials no later than the last day of employment.[7]

Federally regulated employers are required to reimburse work-related expenses

As explained in a previous bulletin, the new amendments would require federally regulated employers to reimburse reasonable work-related expenses within 30 days after an employee files a claim for payment. Mandatory.[8]

Article 23.1(1) Canadian Labor Standards Regulations List the factors that determine whether an expense is work-related. Article 23.1(2) Canadian Labor Standards Regulations shows the factors to consider when determining whether an expense is justified.

Expenses that are deemed ineligible under regulations, collective bargaining agreements, or written agreements between the employer and employee are excluded from the requirements for reimbursement.[9]

Failure to comply will result in fines based on the following provisions: Surcharge rules

Failure to comply with the amendments will result in financial penalties.New section added Surcharge rules Introducing penalties for failure to comply with the new amendments.[10]

Points for employers

Federally regulated employers have had their hands full in recent years with numerous amendments to the Code and other applicable workplace regulations. However, employment statement obligations include not only validating existing contract templates and policy manuals to ensure that all required statement information is captured, but also ensuring that these documents are applicable. This is a useful opportunity to ensure you are up to date with other changes in the law.

[1] “Employer Compliance with Federal Labor Standards” (August 18, 2023); canadian government.
[2] Canadian Labor Standards RegulationsCRC, c 986, s 3.1 [Standards Regulations].
[3] canada labor lawRSC 1985, c L-2, s 253.2(2) [Code].
[4] Same as aboves 253.2(3).
[5] Same as aboves 253.1(1).
[6] Same as aboves 253.1(2).
[7] Same as aboves 253.1(3).
[8] Same as aboves 238.1; Standard regulations, note above 2, s 23.1(3).
[9] code, note above 3, s 238.1(2)
[10] “Regulations amending certain regulations made under the Canada Labor Act: SOR/2023-79” (May 10, 2023); canadian government.

Written by Kyle Lambert, Ricki-Lee Williams, and Hamza Bettah (article writing students)

Notes

The above provides a summary only and does not constitute legal advice. Readers are cautioned not to make decisions based solely on this material. Rather, you should obtain specific legal advice.

© Macmillan LLP 2023