PEO Canada, a national PEO organization, handles payroll administration for small- to medium-sized firms. As your employer of record, we can manage your HR duties and keep them on track so you can concentrate on what matters: your business.
We provide services for companies operating in any province because we are a nationwide PEO company. We have locations from coast to coast, and our trained team is here to help you at any time.

Hiring in Canada

Even though Canada is economically primed for FDI and significant growth, making a direct hire there can be painful from an administrative perspective. Assuming that hiring and setting up a payroll will be pretty straightforward, many organizations quickly discover that labor legislation creates a series of complications that aren’t easy to overcome.

Labor legislation is onerous in Canada. There is no such thing as “at-will” employment in Canada. The intertwined federal and provincial legislation makes assessing which requirements to meet confusing. Many US companies believe they can circumvent the red tape and hire employees as contractors. The Canadian government has very tight restrictions on the definition of an “independent contractor,” and reclassification of the individual as an employee is a real possibility.

The operative word for hiring in Canada is provincial. Each province varies from the other regarding employment aspects – withholding, social services, and notice periods. Each province and territory in Canada has legislation about employment standards. Most employees in Canada (about 80%) are protected by the employment laws of their area or region, and the remainder is in jobs covered by federal law.

Canadian employees expect a Group Benefits Plan over and above the free public healthcare coverage they get as Canadian citizens. Generally, a US company can only source those benefits if it has a head office in Canada or a signatory in-country. Suppose a US organization pays Canadian employees directly. In that case, that company will be responsible for Worker’s Compensation and liable for day-to-day employee health and safety management – something difficult to do from across the border.

When negotiating terms of an employment contract and offer letter with an employee in Canada, it may be helpful to keep the following standard benefits in Canada in mind:

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Employment Agreements in the Canadian Context

Please consider how much time each recruit will need to learn about the specifics of each region. It is strongly advised to have a formal employment contract even if it is not required under Canadian law. Most employers and workers choose to formalize the terms of the working relationship through written employment contracts. The primary restraint that must be imposed on an employee's employment contract terms is adherence to the fundamental principles established in employment standards.

Since both French and English are widely spoken in Canada, the nation is multilingual. Except for Quebec and Canada, no laws limit the wording used in employment contracts elsewhere. Except for Quebec, most employment contracts are written in English nationwide.

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Working Hours in Canada

Each jurisdiction's employment standards law limits the hours that may be worked. The majority of jurisdictions have weekly work-hour restrictions. Depending on the employment industry and function, regulations in each jurisdiction provide exceptions to the maximum number of hours that can be worked.

The majority of Canadian jurisdictions have set an overtime rate equal to one and a half times an employee's usual pay rate, even though overtime regulations and work hours vary widely throughout the country. In Québec, the entitlement starts at 40 hours, but in Ontario, it is 44 hours. Employers are prohibited from refusing to pay overtime rates, requiring employees to put in excessive hours, or firing or deporting employees who object to or reject overtime labor.

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Holidays in Canada

Canada celebrates both Federal and Provincial public holidays. 4 Federal specific public holidays are celebrated nationwide for which employees are given paid days off, and the remainder is Provincial public holidays:

• New Year’s Day (National)
• Islander Day (PEI)
• Louis Riel Day (MB)
• Heritage Day (NS)
• Family Day (BC, AB, SK, ON, NB)
• Good Friday (National except for QC)
• Easter Monday (QC)
• Victoria Day (National except for NB, NS, NL)
• Aboriginal Day (NWT)
• St. Jean Baptiste Day (QC)
• Canada Day (National)
• Civic Holiday (AB, BC, SK, ON, NB, NU)
• Labour Day (National)
• Thanksgiving (National except for NB, NS, NL)
• Remembrance Day (National except for MB, ON, QC, NS)
• Christmas Day (National)
• Boxing Day (ON)

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Days of Vacation in Canada

Most employees are entitled to one week of paid vacation every year. Employees in British Columbia, Alberta, Manitoba, Ontario, and Québec are entitled to two weeks of paid leave after one year of employment. There are some differences in benefits and eligibility across the country. Most companies provide 2-4 weeks of paid vacation, depending on the type of business and the employee's seniority. We usually expect 3 to 4 weeks leave for most professional-level positions (plus public holiday days). Leaves are not authorized to be used or lost in Canada. A previous agreement between an employee and the company to roll over vacation days to the following year may exist. Untracked/unlimited PTO is unusual in Canada and can cause significant problems.

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Canada Sick Leave

Most provinces in Canada do not offer paid sick days. Canada’s national social insurance, also known as Employment Insurance, does provide paid, long-term ill leave if required.

In Canada, maternity and paternity leave

Canada has highly generous unpaid parental and maternity leave policies, and paternity leave in Quebec is solely available to dads. The average absences range from 61 to 63 weeks for parental breaks and roughly 17 weeks for maternity leave, depending on the province. Parents can apply for government-funded employment insurance benefits if they meet the requirements while on vacation.

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• USA Immigration - https://bit.ly/usa-immigrations
• Canada Immigration  - https://bit.ly/canada-immigrations
• World Immigration - https://bit.ly/world-immigrations
• Employment Opportunities  - https://bit.ly/abroad-employments
• Education Opportunities  - https://bit.ly/abroad-scholarship-programs
• Homepage explore - https://bit.ly/immigration-center

Final Thought

The PEO model provides a means through which companies of a size range between micro and medium-sized can benefit from the strength and knowledge of a national organization. Employer-of-Record is a service that PEO Canada provides to its members. This means that PEO Canada members are considered employers for all reasons under federal and provincial labor regulations.