The Canadian federal government published a template that employers can use to prepare mandatory employment statements. Changes to the Canada Labour Code and its regulations came into effect on July 9, 2023, which require federal Crown corporations and federally-regulated employers in the private sector to provide a written statement to new employees within their first 30 days of employment. Employers must also provide compliant statements to existing employees by October 7, 2023. Such statements must include the following prescribed items, which are reflected in the government-provided template:
- the names of the parties to the employment relationship;
- the job title of the employee and a brief description of their duties and responsibilities;
- the address of the ordinary place of work;
- the date on which the employment commences;
- the term of the employment;
- the duration of the probationary period, if any;
- a description of the necessary qualifications for the position;
- a description of any required training for the position;
- the hours of work for the employee, including information on the calculation of those hours and rules regarding overtime hours;
- the rate of wages or salary and the rate of overtime pay;
- the frequency of pay days and the frequency of payment of any other remuneration;
- any mandatory deductions from wages; and
- information about how the employee can claim reimbursement of reasonable work-related expenses.
While the provision of this information via employment statements is mandatory, the use of the government-provided template by employers is optional.
If the information provided in a previous employment statement changes, employers must provide an updated statement to affected employees within 30 days of the change. Employers must keep copies of employment statements for 36 months after an employee’s employment with the employer ends.
There will inevitably be overlap between the content of an employee’s mandatory employment statement and an employee’s employment contract. As with any communication to employees, employers should take care to ensure that the information provided in the employment statement is consistent with the terms and conditions of the relevant employee’s employment contract. Although we are unaware of any instances to date, it is conceivable that an employee may attempt to rely on an inconsistency between an employment statement and their employment contract to make a claim against their employer, such as for additional compensation or benefits or lesser duties and responsibilities. Relatedly, employers need to ensure that the employment statements align with their applicable workplace policies and practices and job postings.
Please contact Mintz’s Canadian Employment Practice if you require any guidance or assistance in complying with the Canada Labour Code or any other employment standards requirements in Canada.