The world of employment law is changing quickly. With much of the country slowly starting to reopen, it is important for everyone to note that the pandemic is still with us and the virus is still out there. This is going to create some major employment law issues for both companies and their employees, particularly in Canada. It is important for everyone to note some of the biggest employment law issues that are on the horizon. Furthermore, it is incumbent on employees and businesses to read their employment contracts carefully so that everyone knows how to adequately defend their rights.
First, it is important to note that not all employment contracts are the same. While the difference in contracts from company to company might be minor, overlooking them can lead to far-reaching legal consequences and significant liability issues. First, remember that employment law is similar in every province in Canada except for Quebec. In other provinces, the power lies with provincial governments unless that specific industry is under the control of the federal government. In Quebec, this province uses a European-style of civil law. This means that additional care always has to be taken to respect civil legislature employment codes.
It is critical for everyone to note that there are additional restrictions that are usually placed on employers, particularly after a period of employment ends. If the covenant in the contract does not safeguard a specific proprietary interest, then it might be deemed unfair or unenforceable in Canada. This means that Canadian courts are not going to enforce a part of the contract that they see as being unfair to the employee. In this situation, it is important for everyone to rely on the help of trained legal professionals who can guide them on various issues that might arise with respect to this issue.
In addition, one of the major problems that many people face with respect to employment law in Canada is that independent contractors must make sure their contract is structured in such a way that they are not setting up an employment contract. Reviewing bodies located in Canada always look at these contracts closely, making sure that this is not an employer-employee relationship, which is going to change the way the relationship is regulated.
These are just a few of the biggest issues that are on the horizon with respect to employment law. Anyone who has questions or concerns about employment law must make sure they reach out to trained professionals for help. A lawyer can make sure that everyone’s rights are defended and that they understand everything in their employment contract. Nobody should have to face this situation alone.