Workplace Rights and Legislation

Workplace Rights and Legislation

Professional musicians often work for multiple employers or engagers, either as self-employed contractors or as employees. Knowing the type of contract you are working under is key to identifying your workplace rights, whether they fall under provincial, federal, or commercial contract law.

Collective Agreements:

If you’re working under a collective agreement, it will outline the specific terms and conditions of your engagement. These agreements can be local, national, or international, and they may be governed by either provincial or federal labor regulations.

Status of the Artist (Federal Legislation):

National agreements negotiated by the Canadian Federation of Musicians, such as those with the CBC, National Film Board, Jingles, Drayton Entertainment, and TV Ontario, are governed by the Canadian Industrial Relations Board under the Status of the Artist legislation.

Ontario Labour Relations Act (Provincial Legislation):

In Ontario, symphonic, ballet, opera, and theatre agreements negotiated by the TMA fall under the Ontario Labour Relations Act.

Commercial Arbitration:

If neither provincial nor federal standards apply, particularly in situations involving “tariff of fees” gigs, you may need to rely on small claims court or commercial arbitration.

AFM Agreements (International):

For agreements negotiated through the American Federation of Musicians in New York—such as the Sound Recording Labor Agreement, Motion Picture film and TV agreements, and Pamphlet B (touring)—AFM handles grievances and complaints.

Basic Rights in Canada:

Regardless of the contract type, as a musician in Canada, you have the following fundamental rights:

  • The right to a safe workplace free from bullying, harassment, and violence.
  • The right to be free from discrimination.
  • The right to grieve non-payment of work.
  • The right to parental leave, including pregnancy/maternal leave where applicable.
  • The right to have a union representative present during disciplinary meetings with your employer.

Contract Enforcement for Touring Musicians:

If you’re a touring musician, ensure that you file your contracts with the union local where you’re performing. If any issues arise, you have the right to contact the local for assistance. The AFM can also help with non-payment claims, provided the following conditions are met:

  • The claim involves a traveling engagement.
  • The engagement is covered by a written AFM contract (for US engagements; other written contracts may also be accepted).
  • The contract was filed with the appropriate union local and meets minimum scale.
  • All instrumentalists and vocalists involved are members in good standing at the time of the engagement.

For Assistance:

In the USA: Call 1-800-ROADGIG
In Canada: Call 1-800-INFOFED
Email: roadgig@afm.org