As a temporary or contract worker, it is important to understand your rights and protections when it comes to CNESST claims. The Commission des normes, de l’équité, de la santé et de la sécurité du travail (CNESST) is responsible for enforcing workplace health and safety standards in Quebec. They ensure that employers provide a safe and healthy work environment for all employees, including temporary and contract workers like yourself. In this article, we explain the rights you have as a temporary or contract worker in relation to CNESST claims.
What Is The CNESST?
The CNESST is the government agency responsible for enforcing labor standards, promoting workplace health and safety, and ensuring fairness in the workplace in the province of Quebec, Canada.
Most people who are under a contract of employment in Quebec and are receiving a salary are entitled to CNESST coverage. There are a select few classes of employment who do not qualify for CNESST coverage, but temporary employees, including seasonal employees, are entitled to everything that full-time employees are entitled to, including protection against workplace harassment and occupational health.
Who Is Considered An Employee In Quebec?
In Quebec, the term ’employee’ carries specific legal implications. According to Quebec law, an employee is defined as someone who works under an employment contract with an employer, regardless of whether or not that contract is written or verbal. This includes full-time, part-time, and temporary workers but does not include independent contractors or self-employed workers. Interns, apprentices, and trainees may also be considered employees provided they meet certain criteria such as receiving compensation for their work or having a set schedule.
Anyone considered an employee in Quebec has the right to receive protection from the CNESST should they suffer an employment injury, industrial accident, or harassment on the job. The definition of an employee in Quebec is based on all applicable labor laws and is administered by the federal government body. This protection is designed to safeguard workers from potential harm encountered in the workplace and ensure fairer wages are paid out in matters of employment.
Understanding CNESST Regulations and Standards
As a temporary or contract worker, it’s essential to know your rights and obligations in relation to CNESST claims. The CNESST is responsible for enforcing employment standards and labor laws applicable to all workers in Quebec. These regulations aim to protect both employers and workers and ensure a safe and fair working environment. The responsibilities of CNESST fall into three broad categories; pay equity, working conditions, and prevention and safety.
Pay Equity
One crucial aspect of CNESST regulations is the employer’s responsibility towards their workers. Employers must provide a legitimate contract of employment that clearly outlines the terms of employment. This includes details about payment, wages, benefits, working hours, and conditions. It’s essential to review your employment contract thoroughly before starting any job to ensure you are aware of your rights as an employee.
Another significant regulation enforced by the CNESST pertains to minimum wage requirements. Temporary or contract workers have the same right as any other employee when it comes to receiving fair compensation for their work. Employers must comply with the minimum wage set by Employment and Social Development Canada (ESDC). Understanding these standards can help you determine if you’re being paid fairly according to your job classification.
One crucial aspect of CNESST regulations is ensuring that employers fulfill their responsibilities towards temporary employees. As a temporary or contract worker, you have the right to receive employment insurance benefits if you meet certain criteria. Your employer is responsible for deducting employment insurance premiums from your insurable earnings and remitting them to the government on your behalf. This ensures that you’re eligible to claim for benefits, such as parental benefits or social insurance in case of unemployment.
Working Conditions
In addition to providing pay equity, employers must provide notices regarding your conditions of employment. This includes informing you about the terms of your employment, such as the duration, wages, hours of work, notice periods, and any other relevant details. These notices should be provided in writing and should be clear and comprehensive.
Furthermore, employers are required to comply with provincial governments’ regulations when hiring foreign workers. They must ensure that they follow all necessary procedures and obtain required permits or authorizations before employing foreign workers. Employers must also ensure that these workers receive fair treatment, including receiving regular wages and being subject to the same conditions of employment as Canadian workers.
It should also be highlighted that there are various categories of employment, and regardless of whether you are a temporary employee or a full-time worker, each of these categories is treated slightly differently, with different employment laws. For example, agricultural workers have the right to refuse to work beyond a certain number of hours per week which is a working condition not afforded to other professions. It is therefore essential that you research the employment standards applicable to your specific job.
Prevention And Safety
The prevention and safety element of the CNESST regulations is the element that keeps the workplace itself safe. They work alongside employers and occupational health departments to help educate on safety standards and implement safe protocols within the working environment. This involved the creation of health and safety standards, highlighting dangers for health in the workplace and ensuring overall protections to workers. Both full-time and temporary employees benefit from the advanced education sector created by the CNESST as it makes the workplace safer as a whole.
For temporary employees, it’s crucial that you have access to the same level of protection as permanent employees. Your employer should provide you with proper safety equipment, such as protective clothing, helmets, gloves, or goggles, depending on the nature of your work. Additionally, they should offer comprehensive training programs to ensure that you’re aware of potential hazards and know how to handle them safely.
However, protections for workers are not guaranteed, which is why workplace accidents still occur. If you are injured in the workplace or experience physical or sexual harassment, you can make a CNESST claim to compensate for your experience. Compensation for employment injuries is one of the most frequently used benefits from the coverage.
By familiarizing yourself with CNESST regulations and standards for your specific classes of employment, you can protect yourself from potential exploitation in temporary or contract work situations. Remember that every worker has rights regardless of their employment status. By ensuring that employers adhere to these guidelines, you can promote fair treatment in the workplace while enjoying a safe and healthy work environment.
How To File A CNESST Claim
If you think the labor standards at your place of work are lacking or have experienced an injury or harassment, it is essential that you file a claim with the CNESST as soon as possible. Here is a a step-by-step guide on how to file a CNESST claim:
- The first thing you need to do is inform your employer or employee representatives of your issue.
- Secondly, gather all the relevant evidence of your situation. This involves obtaining medical records from your healthcare provider and collecting statements from any witnesses.
- Next, you’ll need to contact the Quebec Workers Compensation Board in accordance with employment law to gain authorization to file a claim.
- Once your claim has been authorized, you’ll receive an authorization number. It’s recommended that you submit your CNESST claim no more than 10 days after you’ve obtained your number.
- This is when CNESST investigates your claim. Throughout the process, they might ask for additional information to inform their decision.
- If your claim is approved, you should receive an email or postal confirmation letter informing you of the compensation you’re entitled to.
CNESST Legal Services
The government of Canada has created the CNESST in order to protect all full-time and temporary employees working under Quebec employers. However, gaining the compensation you deserve is more difficult than it should be. That is why it’s advisable to seek the help of legal services and lawyers who specialize in CNESST law.
At Accident Solution, our lawyers have extensive knowledge of CNESST proceedings so they are in the best position to get you the compensation you deserve. They can walk you through the long and complicated process of filing a claim, providing essential support throughout the entire process. With a dedicated CNESST lawyer by your side, you increase your chances of gaining compensation from the federal government that you are entitled to.
