Worker Misclassification (Part 3 of the ESDC series) episode artwork

EPISODE · Jan 2, 2024 · 14 MIN

Worker Misclassification (Part 3 of the ESDC series)

from IHSA Safety Podcast

Worker misclassification can have ramifications for all parties involved. When a worker is misclassified, it prevents them from receiving the full benefits and protections they are entitled to under the Canada Labour Code. This episode of the IHSA Safety Podcast (the final in a three-part series) discusses worker misclassification in transportation and features Liz Tavares, Occupational Health and Safety Officer, Employment and Social Development Canada (ESDC)—Labour Program/Government of Canada, and Michelle Roberts, Vice President, Stakeholder and Public Relations at IHSA.Worker misclassification, as explained by Liz, is the improper designation of an employee and occurs when an employer intentionally treats a worker who meets the criteria to be an employee as someone other than an employee. As a result, the worker or driver is not afforded the same rights and protections as other employees in the industry.Liz and Michelle further highlight the risks associated with misclassification for both workers and employers, as well as the steps by which misclassification can be addressed. The first is through guidance and counselling, followed by other compliance measures such as Assurance of Voluntary Compliance (AVC), Compliance Order, and more.Free ResourcesReporting requirements for federally regulated firmsLegislative Requirements and Best PracticesTransportation: Links & ResourcesWhat supervisors need to knowMisclassification in the Trucking Industry - Government of CanadaESDC Tool Kit:  https://www.canada.ca/en/employment-social-development/corporate/portfolio/labour/programs/labour-standards/reports/misclassification-trucking.htmlESDC Video: Misclassification Know your Rights:  https://youtu.be/HdQdNTcvvVA?si=rDDM4ZCWlt1zYHmhSee Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.

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Worker misclassification, as explained by Liz, is the improper designation of an employee and occurs when an employer intentionally treats a worker who meets the criteria to be an employee as someone other than an employee. As a result, the worker or driver is not afforded the same rights and protections as other employees in the industry.

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Worker Misclassification (Part 3 of the ESDC series)

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