Tag archives: employee benefits

Ontario Civic Holiday: The holiday that isn’t..

The upcoming Civic Holiday is celebrated on Monday, August 3 in Ontario. The holiday, which was created in honour of John Graves Simcoe, the first Lieutenant Governor of Upper Canada, often raises questions for employees and employers alike. Contrary to popular belief, the Civic Holiday is not a statutory holiday in Ontario; it is not … Continue reading

Canada Day Reminder: New holiday rules under the Canada Labour Code

With Canada Day fast approaching, it is an opportune time to remind employers within the federal jurisdiction of the new requirements under the Canada Labour Code for the calculation of general holiday pay. Changes to the “general holidays” provisions under the Canada Labour Code and the Canada Labour Standards Regulations came into force on March … Continue reading

Uber drivers found to be employees in California: Canadian provinces to follow?

A recent decision from the California Labour Commission (the Commission) has held that drivers from the popular Uber service are employees and not independent contractors. This decision has sparked public interest as its implications could bring trouble for the successful mobile-based start-up. In coming down on the side of the drivers, the Commission concluded that … Continue reading

Coverage for post-traumatic stress disorder (PTSD) broadened in Manitoba

The Manitoba government is introducing new amendments to the Workers Compensation Act that would make it easier for employees to have post-traumatic stress disorder (PTSD) recognized as a work-related occupational disease. The legislation does that by creating the presumption that workers suffering from PTSD received the illness from the job, if diagnosed by a medical … Continue reading

Clear language trumps fairness: Be clear in collective agreements to avoid double dipping

A 7 year battle over a day of paid personal leave has finally reached a conclusion. The dispute centred around the interpretation of the collective bargaining agreement governing a unionized employee of the Canada Revenue Agency (CRA). The employee, during the span of one fiscal year, moved from one position within the Agency to another. … Continue reading

Employers must provide Family Medical Leave Act benefits to same-sex married couples starting March 27, 2015

On March 27, 2015, employers must provide FMLA benefits to same-sex couples who are legally married regardless of whether the employee lives in a state that recognizes same-sex marriage. What is the FMLA? The FMLA entitles eligible employees to take unpaid, job-protected leave for specified family and medical reasons. More specifically, eligible employees may take … Continue reading

Conciliation travail-famille – endeavour to achieve a work life balance in Quebec

In Quebec, time devoted to paid work has considerably increased over the years. Moreover, the number of single-parent families and households where both spouses work is growing. Consequently, we are left with an increasing imbalance between work and family obligations. Quebec is no exception to this rule. Indeed, the Bureau de Normalisation du Québec (BNQ) … Continue reading

A Shake-Up for Franchisors: NLRB issues 43 unfair labor practice complaints against McDonald’s

The General Counsel of the National Labor Relations Board has authorized Regional Counsel in regional offices throughout the United States to issue 43 unfair labor practice complaints in cases involving claims that McDonald’s USA and its franchisees are “joint employers” and jointly liable. These cases involve claims by workers at franchisee-owned restaurants that they were … Continue reading

Employees’ right to holidays in France

Under French law, all employees are granted a right to paid annual leave, which consists of a statutory minimum number of days subject to any more favourable provisions applicable under any collective bargaining agreement to which the employer (or the sector of business in which the employee is active) is party, the employer’s internal practices … Continue reading

Statutory holiday pay must include commission

This post was co-written by Lindsey Hooper,  Associate, Norton Rose Fulbright LLP (London) The European Court of Justice (the ECJ) has handed down a controversial and potentially costly judgment for employers, holding that commission payments should be taken into account for the purposes of calculating statutory holiday pay under Article 7 of the Working Time … Continue reading

Limited Liability Partnerships members’status as workers

This post was co-written by Lesley Harrold,  Senior Knowledge Lawyer (Pensions), Norton Rose Fulbright LLP (London) Employment Status Since its introduction in 2000 the limited liability partnership (“LLP”) has become a popular corporate vehicle for professional services providers in the UK, especially legal and accountancy firms, many of which have converted from traditional partnerships to … Continue reading

Annual bonus payments in Germany

This post was contributed by Moritz Kunz, Of counsel, Norton Rose Fulbright LLP (Frankfurt a.M.) and Thomas Olbrich, Trainee, Norton Rose Fulbright LLP (Frankfurt a.M.)  Many companies provide their employees with annual bonus payments to that are subject to the terms and conditions of the employment contract, company bonus schemes and/or agreements with the works council. … Continue reading

Grievance: a provable claim within the meaning of the Companies’ Creditors Arrangement Act and Bankruptcy and Insolvency Act

This post was contributed by Philippe Levac (Norton Rose Fulbright’s Montréal office) Norton Rose Fulbright’s Employment and Labour Team in Montréal raised a preliminary objection against an arbitrator’s jurisdiction on the basis of orders rendered pursuant to the Companies’ Creditors Arrangement Act (“CCAA“), which was upheld and led to the dismissal of the grievance. In … Continue reading

Social Insurance in China

Having developed over decades, the social insurance scheme in China has been gradually unified nationwide and is now primarily regulated by the PRC Social Insurance Law (SIL), which came into effect in 2011. Prior to the SIL, the social insurance scheme in China was regulated by various administrative regulations. The SIL consolidated the social insurance … Continue reading

Variable remuneration: a motivational tool to use with caution

It is common practice for companies to pay their employees a variable remuneration based on their performance. Such remuneration has become an increasingly popular component of employee compensation as it constitutes a very effective way of ensuring employee commitment. French case law permits such remuneration but lays down strict conditions to be complied with. Consequently, … Continue reading

Doing business in Canada – Employee benefits and pensions

Last week, we covered one issue that might be of interest to those wanting to do business in Canada: employment contracts.  This week, we would like to highlight another section of Norton Rose Fulbright Canada’s guide to Doing business in Canada: employee benefits and pensions. In Canada, employee benefits and retirement income programs are provided through … Continue reading

Refusal of discretionary benefit unfair

This post was contributed by Teneille Govender and Kate Paterson In a landmark judgment, the Labour Appeal Court has found a company’s decision not to extend a benefit to an employee in terms of a discretionary policy to be unfair. In terms of the Labour Relations Act withholding a benefit may be an unfair labour … Continue reading