Some specific employees are exempt from the Canada Labor Code when it comes to hours and work. Managers, superintendents, or other employees that carry out management duties and professionals that are designated as professions are exempt from this part of the code.
What is a Manager
Senior Management or Cadre supérieur is a term that needs clarification when looking at whether or not you are considered management and if your exempt from these regulations. Managers are exempt from the provisions in the code regarding work hours. The term manager has been interpreted narrowly, limiting the extent it can be included. The code does not define the term manager. The courts use the approach of analyzing the job responsibilities of anemployee to determine if that employee performs management tasks.
Management tasks are varied based on the manager. Here are some of the functions managers carry out. First, managers act independently. They have the power to make decisions and those decisions stick. They have decision making power over important tasks. The decisions that they make are over tings such a policy planning, budgeting, and even contract negotiations. Managers are also responsible for staffing, or hiring, firing, disciplining, and managing employees. They are responsible for administrative tasks and have employees directly under their supervision. They must have a job title and meet the qualifications of amanager. There are salary requirements and prerequisites that must also be met. Managers can be spokespeople for the company they are working for and may have a role in labor relations.
What About Interns?
Many individuals are unaware of how the labor code applies to interns. Inters are entitled to the protections provided by the Labour Code. Part III of the Canada Labour Code addresses interns. Interns are also required to receive minimum wages. Student interns who are participating because it is required for their education are not the same as a regular intern. These interns are entitled to some protections under the Labour Code. There is no requirement to pay student interns. Their payment is the educational opportunities provided by the company.
Who Else is Excluded?
Several professionals are excluded from the code. Architects, engineers, legal professionals, engineers, and medical professionals are examples of exempt employees. The exempt professionals are typically associated with associations that provide accreditation for the work that is performed by these professionals. For an employee to be exempt, they must be accredited where they are carrying out their job responsibilities. Examples of professions not excluded from the Labour Code would be a paralegal and a nurse. A professional who is working in a position that is not related to their professional accreditation is also not exempt.