In the employer-employee relationship, the latter often finds itself in a less favorable position. Employees are usually well aware of their duties but know little about their rights. The toronto defence lawyer will share some of your rights as an employee.
Termination of contract without notice, systematic pay delay, improper dismissal during maternity, insurance on lower than real income. These are among the regular violations by unfair employers.
What actions can we take when terminating a contract without paying everything due? The cheapest option is filing an application to the Labor Inspectorate.
Inspection provides mandatory prescriptions with a lead time, which is usually short. If the employer fails to fulfill his / her obligation, he / she should submit an application. The second option is to file a claim again before the District Court.
There are two reasons for terminating the employment relationship without prior notice. One is with a verdict in force. In this case there is no legal protection for the worker. Disciplinary dismissal may be subject to legal proceedings if the employee considers that he has been dismissed unlawfully. A contract with a probationary period agreed in favor of the employer may also be terminated. The employer has the right to terminate it within 6 months of signing the contract. Here again there is no protection.
Another common problem with women is dismissal during pregnancy or maternity. The reasons may be the following: by mutual consent; at the initiative of the worker with notice; at the initiative of the employer with notice; unilaterally by the employer without notice; on the initiative of the employer with payment of compensation.
The legislation provides for several types of paid leave and two types of unpaid leave for mothers. Paid: due to pregnancy and childbirth, and raising a child up to 2 years of age. Unpaid: Up to 3 years of age and 6 months – up to 8 years of child.
The employer may terminate the employment relationship during leave, in which case the workers benefit from the protection at the initiative of the employer with a notice and unilateral termination without notice may be done only with the consent of the Labor Inspectorate .
In the event of termination of the agreement and interest on the part of the worker, she shall, within 2 months from the date of termination, file a lawsuit before the respective regional court requesting the annulment of the dismissal and the order and re-employment.
Many employees work in the absence of elementary working conditions and even in a hazardous and harmful environment. The law protects them as long as they decide to seek their rights. In the case of poor working conditions or forced overtime without extra pay, the worker should contact the relevant Labor Inspectorate.
In the event of a delay in the payment of the remuneration, the employer shall pay statutory interest for each day of delay.