Ontario's New Labour Laws To Provide More Protection For Employees Featured

Tuesday, 14 November 2017 15:19 Written by  Published in Legal Read 149 times
On June 1, 2017, the Government of Ontario introduced the Fair Workplaces, Better Jobs Act, 2017, which includes ground-breaking changes to the labour and employment laws of the province.

The new legislation was created in response to the report from the Changing Workplaces Review, which estimated that more than 30% of Ontario workers were engaged in employment that was poorly paid, insecure and unprotected.  

The new plan aims to create more opportunity and improve job security for workers in Ontario. The Act is currently being considered by the Standing Committee on Finance and Economic Affairs.

Below are some of the key aspects of the Act:

Minimum Wage Increases

Ontario is aiming to increase the general minimum wage rate from $11.60 to $14 per hour on January 1, 2018.

The special minimum wage rates for liquor servers, students under 18, hunting and fishing guides and homeworkers will increase by the same percentage as the general minimum wage. The special minimum wage of $12.20 per hour for employees who serve liquor will only apply if the employee also regularly receives tips or other gratuities from their work.

The minimum wage will increase again on January 1, 2019 and will be adjusted for inflation on October 1 of every year starting in 2019.

Equal Pay for Equal Work: Casual, Part-Time and Seasonal Employees

The proposed legislation aims to ensure that casual, part time and seasonal employees are entitled to equal pay from an employer regardless of their difference in employment status.

There are exceptions to the requirement for equal wages, if the wage difference is based on seniority, merit, pay that is determined by quality or quantity of production, and “other factors”, which have not yet been defined. “Other factors” cannot include characteristics that are protected by human rights legislation, such as sex, gender, age and race.

This legislation, if passed, would be effective as of April 1, 2018.

Scheduling

The proposed legislation also sets out new scheduling provisions for employers, which would come into force on January 1, 2019.

These includes changes which ensure that employees are paid for three hours at the regular rate of pay under specific circumstances, such as:
* if their shift is cancelled within 48 hours of it’s start;

* where employees are “on-call” but are not called in to work; and

* where an employee regularly works more than three hours, but reports to work and is given less than three hours of work.


However, if a collective agreement is made between and employer and a union, it may supersede these rules.

Leaves of Absence

The proposed legislation includes several changes to rules surrounding leaves of absence that would come into effect on January 1, 2018.

Personal Emergency Leave

The Act provides personal emergency leave to all employees, two days of which are now required to be paid days if the employee has been employed for one week or longer. The paid days have to be taken before any unpaid days of personal emergency leave can be taken in a calendar year. Employers have the right to require evidence of entitlement to these days, but are not permitted to require a certificate from a doctor or health practitioner.

Leave for the Death of a Child or Crime-Related Disappearance

The proposed legislation would create a new unpaid leave for child death from any cause or crime-related child disappearance. This is a change from the current entitlement to leave only in the event of a crime-related child death.

Domestic or Sexual Violence Leave

This provision establishes that an employee who has been employed for at least 13 consecutive weeks is entitled to up to 10 days and up to 15 weeks of unpaid leave if the employee or a child of the employee experiences domestic or sexual violence or the threat of domestic or sexual violence. 

Family Medical Leave

Family medical leave would be increased from a maximum of 8 weeks in a 26-week period to a maximum of 27 weeks in a 52-week period.

 

Written by Brittany Miller

Last modified on Tuesday, 14 November 2017 15:31
Tanya Walker

Tanya was born in Toronto to Jamaican parents. She is a lawyer and owner of Walker Law Professional Corporation which operates out of the financial district and employs five other people. Tanya's team represents clients and businesses with their financial disputes.

Tanya graduated from McMaster University, with an Honours Commerce (Business) degree, and then graduated from York University’s Osgoode Hall Law School in 2005.

Tanya has received a few awards along the way. This includes the Young Entrepreneur Harry Jerome Award from the Black Business and Professional Association in 2013. In 2015 she received the Rising Star Award from Planet Africa and Law Practice Award from the Canadian Association of Black Lawyers.

Tanya is a member of the Canadian Association of Black Lawyers, BBPA and Osgoode Hall Law School Alumni Association.

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Website: tcwalkerlawyers.com/
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