Reimbursement of Work-Related Expenses
Under the amended law, employers, with certain exceptions, will have an obligation to reimburse employees for reasonable work-related expenses. If no alternative timeframe is agreed upon, employers will have 30 days from the date of an employee’s claim to provide compensation. Employers must assess the work-related nature and reasonableness of the expenses. Note: Different rules may apply to unionized workplaces.
Written Employment Statement
The revised Canada Labour Code stipulates that employers must furnish employees with a written employment statement within 90 days of July 9, 2023. Additionally, new employees must receive a written employment statement within the first 30 days of their employment. Employers are required by law to retain a copy of the employment statement for 36 months after an employee’s termination. In the event of any changes to the initially provided information, employers must supply employees with a revised employment statement within 30 days.
The employment statement should include the following details:
- Names of the parties involved in the employment relationship
- Job title and a brief description of duties and responsibilities
- Workplace address
- Employment start date
- Term of employment
- Probationary period (if applicable)
- Required qualifications for the position
- Mandatory training description
- Employee’s working hours, calculation method, and overtime rules
- Wages or salary, including overtime rates
- Payment frequency
- Mandatory wage deductions
- Information about the reimbursement process for work-related expenses
Many of these details may overlap with information provided in offer letters and employment agreements. Employers must ensure that the employment statement includes the additional content mandated by this regulation, such as the reimbursement of work-related expenses, which might not typically be included in employment agreements.
Disclosure of Employee Rights and Obligations
In addition to the written employment statement, federally regulated employers must provide employees with information about their rights and obligations under Part III of the CLC. This information must be provided within 90 days after the later date of (i) July 9, 2023, and (ii) the day on which the Ministry of Labour makes the materials available.
New employees must receive a copy of these materials within 30 days of commencing employment. Employers are responsible for ensuring that employees receive the most up-to-date materials made available by the ministry and that the materials are easily accessible. Separated employees must be provided with a copy of the most recent materials related to their employment termination on or before their last day of work.
Non-compliance with these new obligations may result in penalties ranging from $200 to $2,000, depending on the employer’s size.
Menstrual Products Provision
Starting on December 15, 2023, the Regulations Amending Certain Regulations Made Under the Canada Labour Code (Menstrual Products) will come into effect. As a result, federally regulated employers will be obligated to supply menstrual products, including clean and hygienic tampons and menstrual pads, in each washroom. Employers must also provide a covered container for the disposal of menstrual products in each stall (as applicable). If it is not practical to offer sanitary products in the washroom, the employer must make them available in an alternative location within the same workplace. These sanitary products should be easily accessible to employees at all times and employers must ensure a reasonable level of privacy when they are being accessed.