Workers’ rights in Canada are protected by various federal, provincial, and territorial laws. These laws aim to ensure fair treatment, safe working conditions, and equitable employment practices.
- If you are a temporary foreign worker or have a work permit, this page from the Canadian government website is a great reference.
The followings are some of the issues you may encounter working at Amazon. If you or your co-workers need assistance, do not hesitate to contact the person on the leaflet that was handed out to you or contact Teamsters Canada at 1-866-888-6466.
Worried ABOUT signing a union card?
According to the employer, signing a union card may cost you your job?
Under the law the employer is not allowed to threaten, coerce, discriminate, make promises, impose a penalty, or do anything that stops you from making a free decision on union representation.
Workers have the right to join or form trade unions and engage in collective bargaining. This allows employees to negotiate terms and conditions of employment, including wages, benefits, and working conditions. Labor unions play a significant role in protecting workers’ rights and interests.
An employer commits an unfair labor practice if it interferes with your right to join, organize, or help a union, your right to be involved in collective bargaining, or your right to be involved in protected concerted activities with other employees.
If they do, we can help! Signing a union card is confidential!
Harassed or discriminated AGAINST?
You or a coworker are subjected to harassment or discrimination by a coworker or manager?
Workers have the right to be treated fairly in workplaces – free from discrimination based on factors such as race, gender, age, religion, disability, or sexual orientation. Equal pay for equal work is protected, ensuring that employees are not paid differently based on their gender or other protected characteristics.
The Canadian Human Rights Act and provincial laws protects workers against harassment and discrimination.
Got fired?
You or a coworker were fired for no good reason?
Wrongful dismissal means: your job is terminated without advanced notice or without compensation.
| WITHOUT A UNION | WITH A UNION |
|---|---|
| The employer CAN terminate you from your job without reason or cause BUT they need to warn you in advance or offer compensation $. You or a friend were terminated and didn’t receive compensation? TALK TO US! Amazon terminated you or a friend and wants you to sign an agreement? TALK TO US FIRST! | The employer CANNOT terminate without reason or just cause. If they do, union representatives will defend you with their lawyers if necessary. |
Constructive dismissal means :
| WITHOUT A UNION | WITH A UNION |
|---|---|
| You can quit your job if the employer significantly reduces your salary, asks you to work longer hours than you are supposed to, relocates you too far, demotes you, etc. | You don’t have to quit your job because you are protected with a collective agreement which prevents the employer from making arbitrary changes to your work. |
Pressured to work faster?
Work pace too fast? Pressured to speed up? Concerned about health and safety risks?
You have the right to a safe and healthy workplace.
The Occupational Health and Safety Act or equivalent in your jurisdiction entitles all workers to three rights:
- The right to know about health and safety matters.
- The right to participate in decisions that could affect their health and safety.
- The right to refuse work that could affect their health and safety and that of others.
Employers must provide a safe and healthy work environment, including hazard identification, prevention measures, training, and the right to refuse unsafe work. Workers have the right to report workplace injuries, and employers must carry workers’ compensation insurance to provide benefits in case of work-related injuries or illnesses.
If you feel pressured to work faster and believe it poses a danger to your safety, it’s important to prioritize your well-being and take appropriate action. Here are some steps you can consider:
- Know your rights: Familiarize yourself with Canadian labor laws and regulations (see links above), particularly those related to workplace health and safety. Understanding your rights will help you assess whether your concerns are valid.
- Assess the situation: Evaluate the potential risks to your safety objectively. Consider factors such as the nature of the work, the equipment involved, and the level of training or protective measures in place. If you genuinely believe that the work demands are compromising your safety, it’s crucial to address the issue.
- Communicate your concerns: Talk to your immediate supervisor or manager about your concerns regarding the unsafe working conditions. Express your worries calmly and clearly, emphasizing the risks involved. Document these conversations and any responses you receive.
- Consult your colleagues: Speak with your coworkers to see if they share similar concerns or have witnessed any safety hazards. There is strength in numbers, and collective action can be more effective in bringing about change.
- Involve your health and safety representative: If you have a health and safety representative at your workplace, reach out to them for guidance and support.
- Report to the relevant authorities: If your concerns are not addressed internally or if you face retaliation for raising them, consider reporting the safety violations to the appropriate regulatory authorities in your province or territory. In Canada, occupational health and safety standards are typically enforced by provincial or territorial authorities.
- Seek legal advice: If the situation persists or escalates, you may want to consult an employment lawyer or seek legal advice from organizations that provide support to workers, such as labor rights groups or legal aid clinics. They can inform you of your rights and guide you through potential legal avenues.
If you are injured at work, there are several steps and procedures that are typically followed. The specific details may vary depending on the province where the incident occurs. Each jurisdiction has its own workers’ compensation system.
- Report the injury: Inform your supervisor or employer about the injury as soon as possible. Reporting the injury promptly is important to ensure that you receive the necessary medical attention and that the incident is properly documented.
- Seek medical attention: Depending on the severity of the injury, you may need immediate medical attention. If it’s an emergency, call 911 or go to the nearest hospital.
- Complete an incident report: Your employer must provide you with an incident report form that you need to complete. This form documents the details of the injury, including the time, date, location, and a description of how the incident occurred. Be as thorough and accurate as possible when filling out this form.
- File a workers’ compensation claim: In Canada, each province and territory has its own workers’ compensation board or commission responsible for administering workers’ compensation benefits. You will need to file a workers’ compensation claim with the relevant board or commission in your jurisdiction.
*** Note that with a union, the moment you feel unsafe at work, or you have an injury related to your work, you can talk to a health and safety representative from the union who will help you navigate the process and advocate on your behalf!
Remember, your safety and well-being should always be a priority. It’s important to address any unsafe working conditions promptly and take appropriate action to protect yourself and others.
Duty to accommodate – employers have a legal duty to accommodate employees who have experienced a work injury or have a disability, as outlined in human rights legislation and workers’ compensation laws. It’s important to note that the duty to accommodate may vary slightly across provinces and territories in Canada, as there can be differences in specific legislation and case law interpretations. You can check out the provinces’ Worker’s Compensation Boards websites for more info.
- Reasonable accommodations: Employers are required to provide reasonable accommodations, which are adjustments or modifications to the work environment, job duties, or policies that allow the employee to perform their job effectively. The specific accommodations will vary depending on the nature of the injury or disability and the job requirements.
- Undue hardship: While employers are expected to make reasonable accommodations, they are not obligated to make accommodations that would cause undue hardship. Undue hardship refers to significant difficulty or expense that would impose a substantial burden on the employer, considering factors such as financial resources, size of the organization, and health and safety considerations.
Laid off and not called back?
You were temporarily laid off for a while now and you haven’t been called back to work?
A temporary layoff refers to a situation where your employer greatly reduces your working hours or suspends your employment entirely. It is important for both parties to agree that you will be rehired for work after a reasonable period.
Non-unionized employees at Amazon Canada should be aware that temporary layoffs are generally prohibited by law unless you give your consent or if such layoffs are explicitly addressed in your employment agreement. You can choose to wait for a recall from your employer, or you can consider the layoff as a termination resulting from a constructive dismissal (see definition at question number 3) and seek severance pay.
On a work permit?
You are under an employer-specific work permit (temporary closed work permit), and you feel like you have no recourse against abusive management?
When you have an employer-specific work permit or closed work permit, it means that you are obligated to work exclusively for a specific employer during the validity of your work permit. However, there are circumstances where a change of employer can be considered, for example:
- You worked for a company that closed down
- You don’t receive the remuneration you were promised
- Your working conditions are not safe or do not correspond to those promised to you
- You have been dismissed or laid off
If you have an employer-specific work permit or close work permit and you want to change employer, you can apply for a new work permit. Check out or contact the Immigration and citizenship website for more detail.
Employer labeled you as a contractor?
Employer labeled you as a contractor in the employment contract you signed?
In Canada, there are distinct differences between employees and contractors in terms of their legal status, rights, and obligations. Determining whether an individual is an employee, or a contractor is based on the overall nature of the work relationship, control and independence, legal and financial considerations and not solely on the labels used or the presence of a contract.
| EMPLOYEES | CONTRACTORS |
|---|---|
| Typically, employees work under a contract that defines their relationship with the employer. They are hired to provide services and are supervised and directed by the employer. | Independent contractors or self-employed individuals, also known as contractors, function as separate business entities. They are hired by clients to provide specific services under a contract, but they have more control over how the work is carried out. |
| Work under the direction and control of their employer, who has the authority to dictate work schedules, tasks, and methods of performance. Employees often work on a long-term basis and are integrated into the employer’s operations. | Contractors have more autonomy and control over their work. They negotiate their own terms, scope of work, deliverables, and timelines. They can work with multiple clients simultaneously and use their own tools, equipment, or resources. |
| Employees have legal protections like minimum wage, holidays, vacation pay, and employment insurance. Employers handle income tax, CPP, and EI deductions for employees. | Self-employed individuals are responsible for their own income tax, CPP contributions, and EI premiums. They typically do not receive employment benefits or protections unless specified in their contract. |
**It is important to note that misclassifying employees as contractors to avoid providing employment benefits or protections can have legal and financial consequences for employers.
Contact the Canada Revenue Agency (CRA) for specific guidance related to your situation.
YOU ARE NOT ALONE!
NO! In Canada, we have robust laws in place to safeguard workers’ rights. However, it can be challenging to navigate the system on your own when an employer fails to comply. That’s where a union like the Teamsters comes in.
By joining our union, you can be assured that you won’t have to face these challenges alone. We will provide you with invaluable assistance, including fair representation, collective bargaining power, improved working conditions, job security and enhanced benefits. The solidarity and support of fellow union members also provide a strong network that you can rely on.
You are not alone in your pursuit of a better quality of life for yourself and your family. We understand the dedication and hard work you put into your job, and our primary objective is to help you achieve your goals. While your employer may mention union dues, it’s important to recognize that the benefits and protections you receive as a unionized worker far surpass the amount you contribute.
We are here to ensure that your rights are upheld, and we will work tirelessly to create a better future for you and your loved ones.
TALK TO US! WE ARE HERE TO HELP.
HELPFUL LINKS
| EMPLOYMENT/LABOUR STANDARDS | |
|---|---|
| Canada | Federal Labour Standards |
| Québec | Commission des normes, de l’équité, de la santé et de la sécurité du travail (CNESST) |
| Ontario | Ontario Employment Standards Act |
| Nova Scotia | Labour Standards Nova Scotia |
| New Brunswick | New Brunswick Employment Standards |
| Manitoba | Manitoba Employment Standards |
| British Columbia | British Columbia Labour Standards |
| Prince Edward Island | Prince Edward Island Employment Standards |
| Saskatchewan | Saskatchewan Labour Standards |
| Alberta | Alberta Employment Standards |
| Newfoundland and Labrador | Newfoundland and Labrador Labour Standards |
| HEALTH AND SAFETY | |
|---|---|
| Canada | Canadian Centre for Occupational Health and Safety (CCOHS) |
| Québec | Commission des normes, de l’équité, de la santé et de la sécurité du travail (CNESST) |
| Ontario | Occupational Health Clinics for Ontario Workers Workers Health and Safety Centre (Ontario) |
| Nova Scotia | Worker’s compensation board of Nova Scotia Nova Scotia Department of Labour and Workforce Development, Safety Branch |
| New Brunswick | WorkSafeNB |
| Manitoba | Manitoba Federation of Labour Occupational Health Clinic Workplace Health and Safety Rights for Manitoba Workers |
| British Columbia | WorkSafeBC |
| Prince Edward Island | Workers Compensation Board of PEI |
| Saskatchewan | Workers Compensation Board Saskatchewan |
| Alberta | Government of Alberta – alis |
| Newfoundland and Labrador | Workplace NL |
| HUMAN RIGHTS | |
|---|---|
| Canada | Canadian Human Rights Commission / Commission canadienne des droits de la personne |
| Québec | Commission des droits de la personne et des droits de la jeunesse |
| Ontario | Ontario Human Rights Commission / Commission ontarienne des droits de la personne |
| Nova Scotia | Nova Scotia Human Rights Commission |
| New Brunswick | New Brunswick Human Rights Commission |
| Manitoba | Manitoba Human Rights Commission |
| British Columbia | British Columbia’s Office of the Human Rights Commissioner BC Human Rights Clinic |
| Prince Edward Island | PEI Human Rights Commission |
| Saskatchewan | Saskatchewan Human Rights Commission (SHRC) |
| Alberta | Alberta Human Rights Commission |
| Newfoundland and Labrador | Human Rights Commission Newfoundland and Labrador |
| 2SLGBTQI+ AND GENDER IDENTITY | |
|---|---|
| Canada | Government of Canada 2SLGBTQI+ Pride at Work / Fierté au travail |
| INDIGENOUS PEOPLE | |
|---|---|
| Canada | Indigenous Works Indigenous Services Canada |
