A Labour Board-supervised strike vote (unions) or lockout poll (employers) must be taken and a majority of those voting must agree to the strike or lockout. One party must serve the other (as well as the mediator) with 72 hours of notice before the strike or lockout commences.
Are strikes legal in Canada?
In what is being hailed as a “game-changer” in Canadian labour relations, a majority of the Supreme Court of Canada held that the right to strike is constitutionally protected under the freedom of association in s. 2(d) of the Canadian Charter of Rights and Freedoms.
How much is strike pay in Canada?
A member on strike can picket for as long as they want, but can only earn strike pay for up to a total of 20 hours per week.
7. How do I collect strike pay?
| Period of Strike | Strike pay |
|---|---|
| Weeks 8-11 | $17.50/hour |
| Weeks 12-15 | $18.75/hour |
| Weeks 16+ | $20.00/hour |
What is the longest strike in Canada?
At 143 days long it is the longest strike in the post-secondary sector in Canadian history, surpassing the previous record of the 1976 Laval University 108-day strike.
| 2018 York University strike | |
|---|---|
| Date | March 5, 2018 – July 25, 2018 (143 days) |
| Location | Toronto |
| Caused by | Contract expiry |
How do the strikes work?
A strike may consist of workers refusing to attend work or picketing outside the workplace to prevent or dissuade people from working in their place or conducting business with their employer. Less frequently workers may occupy the workplace, but refuse either to do their jobs or to leave.
Can you refuse to go on strike?
You don’t have to strike
Andrew added: “It should always be your own decision to take part in any industrial action that has been called for. Legally nobody can force you to do so. While union members may lawfully attempt to persuade you (known as picketing), you can rightfully refuse.”
Can you get fired for going on strike Canada?
Although employees are not working and are not entitled to pay, they are still considered employees and cannot be terminated simply because of being on strike or locked out. When the strike or lockout ends, they are entitled to be reinstated in preference to any employee hired as a replacement during the dispute.
Do you get full pay if you strike?
It is unlikely those taking part in strike action will be paid during it. Any strike action is likely to result in your employer making deductions from your pay. For any days where pay is deducted due to strikes, employers may also withhold pension contributions.
Do I get paid if I go on strike?
Yes, we can expect employers to refuse to pay staff taking industrial action. The law makes it clear that employers can deduct pay when staff are on strike. However, where pay deductions are made these should at all times be reasonable.
Are workers paid while on strike?
Deducting pay
You do not have to pay employees who are on strike. If workers take action short of a strike, and refuse to carry out part of their contractual work, this is called ‘partial performance’.
Can you strike without a union Canada?
WHEN IS A STRIKE OR LOCKOUT UNLAWFUL? A strike or lockout is unlawful, at any time, if there is no union, or where there is a union and the requirements of the Code in acquiring the right to lockout or strike have not been met.
What was the most violent strike in Canada?
The Winnipeg general strike of 1919 was one of the most famous and influential strikes in Canadian history. For six weeks, May 15 to June 26, more than 30,000 strikers brought economic activity to a standstill in Winnipeg, Manitoba, which at the time was Canada’s third largest city.
| Winnipeg general strike | |
|---|---|
| Arrested | 80 |
When was the last general strike in Canada?
Winnipeg General Strike of 1919 (Plain-Language Summary)
| Published Online | July 7, 2021 |
|---|---|
| Last Edited | July 7, 2021 |
What are the rules of a strike?
You cannot be fired for participating in a protected strike or picketing, depending on the purposes and means of the strike action. Under federal law, you cannot be fired for participating in a protected strike or picketing against your employer.
How long do strikes typically last?
Work stoppages lasted an average of 41.1 days over the past decade, according to Bloomberg Law data.
What are the disadvantages of a strike for employees?
THE ECONOMIC EFFECTS OF A STRIKE FOR BOTH PARTIES. The employer is likely to lose money due to delayed service to clients or to lost production time. The employees will lose their pay due to the no work, no pay principle. If the strikers are dismissed they will lose their livelihoods altogether.
Will I lose my job if I strike?
It depends on whether the strike was a form of ‘protected industrial action’. Although a strike, or other form of industrial action, is a breach of the contract of employment, which would normally give the employer the right to terminate, dismissal would be unfair if the action was ‘protected’.
Do I have to tell my employer I am going on strike?
You are under no obligation to inform your employer in advance as to whether you will be taking part in strike action.
Which jobs Cannot strike?
A few professions are not allowed to strike. Police officers, for example, are banned from taking strike action. Nurses have an agreement that they should only walk out if it does not risk the wellbeing of patients.
Can you go on vacation while on strike?
If you choose to continue with vacation while on strike and are unable to participate in strike duties, you will not receive strike pay or top up. You will be released from your management contract and returned to the bargaining unit.
Can I refuse to cross a picket line Canada?
Your rights when another union pickets
You have the right to refuse to cross a legal picket line without fear of discipline. A picket line is considered legal unless it is found to be illegal either by a Labour Relations Board ruling or by the courts. An employer does not get to decide the legality of a picket line.