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.
Unpaid overtime complaints are due within 6 months; payment orders can reach back 24 months.
Canada Labour Code s.251.01(2), s.251.1(1.1)
The complaint deadline is 6 months from the day the wages were owed. A payment order can cover wages from up to 24 months before the complaint.
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 respond to every harassment notice, and investigate if you ask.
SOR/2020-130 s.10, s.25
The employer needs a written harassment and violence prevention policy (s.10) and has to investigate when the matter is not resolved and the principal party requests an investigation (s.25).
If HR says they looked into it but never appointed a qualified investigator or gave you the report, that may not meet the regulation.
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, s.8(3)
Under PIPEDA Principle 4.9, individuals may submit a formal access request. Section 8(3) requires a response 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 Principles 4.3.4 and 4.3.6
Medical records are named as sensitive information in Principle 4.3.4; sensitive information generally needs express consent for use or disclosure (4.3.6).
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.
A doctor's note can be required only for 5 or more consecutive sick days.
Canada Labour Code s.239(2)
Federally regulated employees earn up to 10 paid medical leave days a year (3 after 30 days, then 1 per month). A medical certificate can be requested in writing only when the leave is 5 consecutive days or longer.
Managers who demand doctor's notes for a 1- or 2-day absence are asking for more than s.239 allows.
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 2 to 8 weeks of notice OR pay in lieu, based on years of service.
Canada Labour Code s.230(1.1)
Since February 1, 2024: 2 weeks after 3 months, 3 weeks after 3 years, then 1 more week per year up to 8 weeks. A written statement of benefits is also required (s.230(2.1)).
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.
The leave is for the purposes listed in s.206.6(1): illness or injury, family care or education responsibilities, urgent matters, or a citizenship ceremony. The employer may ask in writing for supporting documents within 15 days of your return.
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.209.3(1), s.239(6)
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.