Comparison of canadian and us labor laws

Taxation in Canada and Taxation in the United States Personal income taxes[ edit ] According to the OECD's report entitled "Taxing Wages " [6] inthe "employee net average tax rate for a single person in Canada with no children was Canada placed "11th lowest among 35 OECD countries".

Comparison of canadian and us labor laws

Most Read Contributor in Canada, September 1. Each province regulates labor and employment matters in a similar, though not identical manner.

The significance of this difference between Canada and the United States is that if your business has multiple locations in Canada, then each set of HR policies, employment agreements, etc.

Comparison of canadian and us labor laws

There are also nuances as to how similar governmental agencies in each different province approach the same issues for instance, human rights tribunals may approach age discrimination claims differently, depending on whether the complaint arose in Alberta or in Ontario.

Practically speaking, it can be difficult to prove the legal justification to terminate an employee, resulting more often than not, in the Canadian employer providing a severance package to employees whether for a plant closure, work performance issue, etc.

In such jurisdictions, providing notice or pay in lieu of notice may not be sufficient to end the employment relationship, and a qualifying employee may be able to claim a right to be reinstated in his or her employment depending on the circumstances of his or her termination. Generally speaking, unlike in the United States, the employer and employee cannot establish a policy or enter into a contract to determine whether overtime is payable.

Employees With Disabilities Like in the United States, an employer is prohibited from engaging in discriminatory practices, unless it meets a stringent bona fide occupational requirement BFOR.

In Canada, the employer must accommodate a disabled employee. However, the level of accommodation is to the "point of undue hardship. Unlike in the United States where accommodation may have a low financial threshold before discharging this legal obligation, in Canada there are no prescribed compliance requirements.

Each case is examined on its own merits. Human rights commissions will expect a large employer to examine the use of adaptive technologies or re-assignment of work duties among employees to determine if all solutions, short of undue hardship, are exhausted before exonerating an employer from its human rights obligation to accommodate a disabled employee.

A decrease in salary, reduction of hours and relocation of the employee are examples of what may be constructive dismissal.

Comparison of canadian and us labor laws

Because there is no termination-at-will in Canada, a constructive dismissal can be tantamount to actually firing an employee, and thereby triggering the obligation to provide a costly severance package.

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Compare U.S Labor Laws & European Labor Laws |

Specialist advice should be sought about your specific circumstances.Jun 02,  · In both jurisdictions, disability-based discrimination is prohibited by legislation (in the United States under the Americans with Disabilities Act and in Canada under human rights codes and the Canadian Charter of Rights and Freedoms), and employers have a duty to accommodate the disability.

Employment Contract. In the United States labor laws, there is no requirement for an explicit contract of employment. Most employment is on an at-will basis, meaning that the employer or the.

Differences Between U.S. and Canadian Law Despite these similarities, there are many areas where the law of the U.S. and Canada differ.


For example, in Canada, juries are almost exclusively used for criminal cases, whereas in the U.S., juries often are used for non-criminal cases. The United States has the second-highest productivity of the G8 countries, Organized Labor restrictive labour laws, unions, universal healthcare, and greater unemployment benefits in Canada were causing a higher actual unemployment rate.

However. The report, “Protecting Fundamental Labor Rights: Lessons from Canada for the United States,” begins with a comparison of the current state of organized labor in the United States and Canada. It notes that, from the s to about , Canada and the United States had roughly the same unionization rates.

The economies of Canada and the United States are similar because they are both developed countries and are each other's largest trading partners.

However, key differences in population makeup, geography, government policies and productivity all result in different economies. While both countries are in the list of top ten economies in the world in , the US is the largest economy in the.

Five key differences between Canadian and U.S. employment law - Lexology