Know Your Rights
18 shareable cards across 6 categories covering overtime, harassment, privacy, retaliation, termination, and leave rights under Canadian federal law.
Know Your Rights
Know your rights. Share them with others.
2 hours overtime = 3 hours time off. Not 2.
Canada Labour Code s.174
If your employer gives you 2 hours off for 2 hours OT, they are breaking federal law.
Some employers calculate comp time at 1:1 instead of the required 1.5:1 ratio. Tracking hours can reveal discrepancies.
You can recover unpaid overtime going back 36 months.
Canada Labour Code
Every underpaid hour is documented money owed to you.
Former employees may also be eligible to file. Retaining pay stubs and schedules preserves the evidence needed.
Overtime pay kicks in after 8 hours in a day OR 40 hours in a week.
Canada Labour Code s.174
Federal employees earn 1.5x their regular rate after either threshold.
Some employers only count weekly hours. If you worked 10 hours on Monday, those 2 extra hours count.
There is NO time limit to file a harassment notice with your employer.
SOR/2020-130 (Bill C-65)
There is no statutory deadline under this regulation. Thorough documentation strengthens any complaint.
Take the time to gather your evidence. A well-documented complaint is harder to dismiss.
Your employer MUST investigate every harassment complaint.
SOR/2020-130 s.10
If they ignore it or do a sham investigation, that is itself a violation.
If HR says they looked into it but never interviewed witnesses or gave you a report, that may not count.
You can record conversations with your employer without telling them.
Criminal Code s.184 (one-party consent)
In Canada, you can legally record any conversation you are part of.
Useful in meetings where you expect verbal promises or threats. Keep recordings backed up securely.
Your employer needs your CONSENT to collect personal information.
PIPEDA Principle 4.3
No consent = no collection. No exceptions.
If they installed monitoring software without telling you, that may violate federal privacy law.
You have the RIGHT to know what personal data your employer holds about you.
PIPEDA Principle 4.9
Under PIPEDA Principle 4.9, individuals may submit a formal access request. Employers must respond within 30 days.
Requesting your file before filing a complaint is a common strategy. What an employer holds (or has deleted) can serve as evidence.
Your employer cannot share your medical details with coworkers.
PIPEDA Principle 4.3.3
Health information is sensitive personal information with extra protections.
If your manager told colleagues about your diagnosis or mental health leave, that is a potential privacy breach.
If you complain and get punished, THEY have to prove it was not retaliation.
Canada Labour Code s.246.1(4)
The burden of proof is on your employer. Not you.
This is called a reverse onus. You just need to show the timeline. They have to prove it was a coincidence.
Fired for filing a complaint? That is one of the clearest forms of reprisal.
Canada Labour Code s.246.1
The CIRB accepts reprisal complaints within 90 days. The burden of proof falls on the employer under s.246.1(4).
Even a demotion, schedule change, or sudden performance review after complaining can be reprisal.
You can file complaints with MULTIPLE bodies at the same time.
CIRB, CHRC, OPC, Labour Program
Filing with multiple bodies simultaneously is permitted and can address different aspects of the same situation.
Filing with just one body is common but limiting. Each agency covers different violations.
Your manager CANNOT ask WHY you are sick.
Canada Labour Code s.239
Under the CLC, a statement such as 'I am taking a sick day' is generally sufficient for short absences.
Managers who demand doctor's notes or diagnoses for short absences may be overstepping federal protections.
Federally regulated employees cannot be fired without just cause after 12 months.
Canada Labour Code s.240
After one year of continuous employment, you are protected from unjust dismissal.
This is stronger than most provincial laws. Your employer must have a legitimate, documented reason.
You are entitled to at least 2 weeks notice OR pay in lieu of notice.
Canada Labour Code s.230
If they fire you without notice, they owe you at least 2 weeks of regular wages.
Employees are not required to sign anything at a termination meeting on the spot. Requesting time to review is standard practice.
You get up to 5 days of paid personal leave every year.
Canada Labour Code s.206.6
After 3 months of continuous employment, the first 3 days are paid.
This covers family obligations, illness, or other personal needs. You do not need to explain what for.
Your employer must accommodate your disability to the point of undue hardship.
Canadian Human Rights Act s.15(2)
They cannot refuse reasonable changes just because it is inconvenient.
Modified duties, flexible hours, or equipment changes are common accommodations they should consider before saying no.
You are protected from being fired while on medical or parental leave.
Canada Labour Code s.209.1, s.239(1)
Terminating someone on protected leave is a violation of federal labour law.
If you were let go during maternity leave or while recovering from surgery, you likely have a strong case.