vacation and statutory holidays

The answer to your question is : Yes it's illegal in Canada , even if you would have signed a contract and agreed . There are labour standards that must be followed by employers within the Canada labour code . In the Transport industry ,many employers attempt to sidestep their responsibilities through the application of misclassification . You must be very careful concerning this sort of trickery being applied .

Below I will paste a few links for your entertainment :

Information archivée dans le Web | Information Archived on the Web

This one below will also include how to calculate holiday wages .
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Drive safe !

 

My apologies for omitting to provide you with these links as well :

https://www.ontario.ca/page/plan-fair-workplaces-and-better-jobs-bill-148

Quote :

"
Employee misclassification
What’s changed
Employers cannot misclassify employees as independent contractors. This addresses cases where employers treat employees as if they are self-employed and not entitled to employment standards protections. If there is a dispute the employer will have to prove that an individual is not an employee.

Comes into effect
This came into effect on November 27, 2017."

Quote :

"
Penalties for Independent Contractor/Employee Misclassification

• Penalties for employers who misclassify employees as independent contractors. Penalties include prosecution, fines and conviction.
• The onus will be on the employer to prove the person(s) in question were independent contractors and not employees. This can often make defending these charges more difficult.
• Employers who misclassify employees become liable to the former independent contractors for vacation pay, notice or severance, and the like.
• Fines could range as high as $50,000 for an individual with misclassified employees, to as high as $500,000 for a repeat-offender corporation.
  "

• 
  http://stlawyers.ca/bill-148/

 

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Get rid of the words Statuary.

Nothing in the Law says you are issued a vacation time.

Overtime is also exempt.

And that particular answer "It's all rolled up into .42 a mile" pretty much disposes of the next 100 questions you planned on asking him and reduced his time dealing with you to a few minutes. Scram.

You follow me?

If they cannot be bothered to talk over the details with you then you should not be beating yourself over the head to run with them.

The actual process of getting ANY time off goes like this.

You: "Dispatcher I need to go home now."

Dispatcher: Fine we will route you by there within two weeks.

You: That's not acceptable I want to go by the house now.

Dispatcher: Oh really? Then quit. You will get home when the load goes that way and not a moment before.

 

In the land of the free and the home of the brave, you may be correct. In the communist country north of the 49th parallel, things are a little different. We like to make it complicated for businesses to employ people. All of this is not something I look forward to if I am to employ any company drivers. It completely makes sense to me for some companies to only deal with owner operators.

And as far as all that extended time on the road, it doesn't happen as much in Canada. The cabotage rule says we cannot pickup and deliver within the USA, and most typical freight is cross border. The freight that is not cross border doesn't go all that far from the house, wherever you live, considering something like 90% of Canadians live within 100 km of the USA border. It is not like the USA where there is an entire network of large cities all over and they can ping pong you all over. It is either go to USA then back to Canada. Or stay in Canada and go west to east. Not really a ping pong game. At least that is my experience.

 

american thinking he knows everything?

shocking.

driver in canada is entitled by law to statutory holiday pay, the dates vary depending whether your company is federally or provincially regulated.

 

Reason I'm company driver all these years? I currently receive 2 months paid vacation including the stats plus benefits.

 

crown corps the way to go....hard to get in, but the secret golden ticket

 

Yep!

 

It comes down to what your employer wrote on your pay statement. They must show a separate line for vacation pay and statutory holiday pay. A Company cannot reduce your pay when showing vacation pay and statutory holiday pay, especially when nothing was agreed to in writing. I've gone through this process with the Canada Labour Code and won a decision in my favour for this very reason. I encourage you to collect as much information as you can about the company's seizable assets, bank accounts, do a corporate search on the registry in the jurisdiction the company registered in, verify the company's registered address doesn't point to a dirt field in the middle of nowhere, and hire a good bailiff once get your court papers. Be prepared to wait a year or two for this process to complete.