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Difference between revisions of "Income Security (Legal Information for Indigenous People)"

From Clicklaw Wikibooks
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* to do daily living activities, you need an assistive device, or help or supervision from another person, or an assistance animal.
* to do daily living activities, you need an assistive device, or help or supervision from another person, or an assistance animal.


==Employment standards==
==Employment standards: on and off reserve employment==
===On and off reserve employment===


If you have a Complaint: The Canada Labour Code sets federal labour standards for people employed in federal industries, which often includes First Nations Bands and other employment on reserve.
If you have a Complaint: The Canada Labour Code sets federal labour standards for people employed in federal industries, which often includes First Nations Bands and other employment on reserve.
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* Unjust Dismissal Complaints must be filed within 90 days
* Unjust Dismissal Complaints must be filed within 90 days
* The deadline starts running from the last day the employer was required to pay you or from when you were aware of the issue.
* The deadline starts running from the last day the employer was required to pay you or from when you were aware of the issue.


'''Special Note:''' Sometimes people are inaccurately defined as Contractors instead of as Employees. This misclassification can result in not getting proper employee benefits (like vacation pay, overtime, severance pay etc.) and not paying into unemployment benefits like EI.
'''Special Note:''' Sometimes people are inaccurately defined as Contractors instead of as Employees. This misclassification can result in not getting proper employee benefits (like vacation pay, overtime, severance pay etc.) and not paying into unemployment benefits like EI.


'''“Having a contract”''' does not necessarily mean you are a contractor; it could simply mean you are an employee with a contract. The relationship is more likely that of an employer & employee if: You perform work for another for wages, the person who pays you controls the material and tools of the job, and directs the activities (sets the hours and the tasks). Canada Labour can help get you classified properly, especially because there can be other factors to consider. If you were misclassified the employer may owe you money retroactively.
'''"Having a contract"''' does not necessarily mean you are a contractor; it could simply mean you are an employee with a contract. The relationship is more likely that of an employer & employee if: You perform work for another for wages, the person who pays you controls the material and tools of the job, and directs the activities (sets the hours and the tasks). Canada Labour can help get you classified properly, especially because there can be other factors to consider. If you were misclassified the employer may owe you money retroactively.
 


If your work is off reserve and not for a federally regulated employer then your remedy is usually to go to BC Employment Standards 1-833-236-3700. You have 1 year to file your complaint.
If your work is off reserve and not for a federally regulated employer then your remedy is usually to go to BC Employment Standards 1-833-236-3700. You have 1 year to file your complaint.