Minimum termination deadlines are set by labour standards legislation in each country. These notices generally vary between one and eight weeks of working time or remuneration in place of the employee, the whole depending on the length of service of the employee with the employer. Situations in which these minimum requirements do not apply are limited to certain circumstances, such as intentional misconduct or serious reasons, or in the case of fixed-term contracts. The situation is different in the case of a capital transfer because the legal identity of the employer is changing. In this case, the employment relationship of non-unionized workers is considered separated by the purchase and there is no obligation for the purchaser to offer employment to these workers. However, the Civil Code of Quebec provides that employment contracts are automatically transferred to the purchaser during a transfer of assets. 1.4 Are certain conditions implied in employment contracts? The employee and the employer must sign the employment contract to prove that the terms have been read and understood as part of the agreement. In the United States, employment jurisdiction is shared between local, government and federal governments. Canadian labour law is simpler in this regard – employment responsibility is generally the responsibility of the provincial governments, unless the sector is federal. Although legislation varies from province to province, labour law is broadly similar across the country – with the exception of Quebec, the only Canadian province to use a Civil Law system on the European model instead of a common law system inherited from the United Kingdom. While common law principles in Quebec are often respected, recognition of existing civil law codes must be more prudent. Employers can and are often encouraged to settle claims at any time during the appeal process, both before and after filing a formal right or introduction. Any agreement on a redundancy remedy must be in line with the minimum requirements for employment standards.
In Ontario, workers are entitled to an annual leave period that depends on a 12-month year of leave. Workers with less than five years of service are entitled to two weeks of leave, while workers over five years of service are entitled to three. Regardless of the length of their employment, all eligible workers are entitled to leave pay of at least 4% (or six per cent for workers over five years of service) of their gross salary. Employment contracts may provide for leave rights above these minimum legal requirements. U.S. employers must take a number of steps before starting their operations in Canada. Independent labour and contract agreements should be developed from a Canadian perspective to meet minimum legal requirements. Existing workplace guidelines should be located to ensure compliance with existing health, safety and accessibility legislation, and new guidelines and protocols, which are required by law, should be implemented.
It is essential that employers do not allow the cultural familiarity of Canadian jobs to mask the importance of examining their legal obligations as thoroughly as they would before the activity begins in another international jurisdiction.