The act will raise the minimum wage, ensure more fairness for parttime and contract workers, expand personal emergency leave and step up enforcement of employment laws. May, 2017 ontarios liberal government is debating a comprehensive update to labour laws that would boost private sector unionization, which has been declining at the same time as socalled precarious. The government of ontario is looking at dropping a wide range of overtime and hours of work exemptions, including the exemption that now excludes information technology professionals from overtime and hours of work rules under the employment standards act, 2000. Experts call erratic work scheduling the wild west of employment standards, a practice that causes havoc in the lives of millions of ontario workers but is almost completely ignored by. May 03, 2015 wild west scheduling holds millions of ontario workers hostage.
Now you can use a customizable solution to effectively manage your hourly workforce in. From the ontario ministry of labour, training and skills. Scheduling provisions amended as the ontario bill 148. These labour laws have been legislated to govern the labour relations environment in the province and to protect workers in ontario. Changes to overtime policies, minimum wage, rest period requirements, and scheduling rules can significantly impact the bottom line. Changes to ontarios employment standards act in 2019.
Employers of all sizes and in all industries, especially the tech sector, rely on this exemption and have already costed it out in providing current salaries, bonuses and other compensation arrangements. Parttime workers would be paid as fulltime as ontario. Oncall scheduling under increasing scrutiny in canada. Scheduling provisions amended as the ontario bill 148 advances to second reading. The ministry of labour, training and skills development enforces and promotes awareness of employment standards, such as minimum wage, hours of work, public holidays and other standards. The following paragraphs are intended to answer any questions that employers and employees under federal jurisdiction may ask on the topic. As a worker in ontario, you also have health and safety rights and the right to be free from discrimination. May 30, 2017 rumours and debates about ontarios changing labour laws have been swirling since the liberal government announced plans to overhaul employment legislation for the first time in nearly 30 years. Saskatchewan permits the scheduling of up to 4 excess hours on a day. In ontario, its 8 hours in a day, 48 hours in a week. Nov 29, 2017 businesses in ontario need to plan now to address the budgeting, scheduling and operational impact of significant changes to the employment standards act, 2000 the esa and the labour relations act, 1995 the lra bill 148 pdf, which amends the esa and the lra, received royal assent on monday, november 27. Automated features enable managers to plan and execute employee schedules that comply with.
The ontario government will continue to amend employment and labour laws, all of which affect employers especially small business owners. Working hours and scheduling under bill 148 employerline. By john mastoras on september 21, 2017 posted in canada. Staying compliant to all the federal, state, and city employment laws is also challenging to. Employment protection for foreign nationals act, 2009. There is nothing in the ontario employment standards that address this question. Scheduling of work under the employment standards act, 2000 esa is one of several sections in bill 148 affected by recent amendments. Use this tool to understand and determine rights and obligations under the esa. Jun 30, 2015 this guide aims to help you understand the potential impact on health and safety that unfair and possibly illegal scheduling can lead to. Due to orders that have been issued under the emergency management and civil protection act, the minimum standards under the esa that are described in this. Find out what working conditions and rights you are entitled to, and what to do if you lose your job. How technology helps labor law compliance and save you money.
Our staff cant provide legal advice, interpret the law or conduct research. Ontario plans big boost to minimum wage, update of labour. Labor and employment law for posting a work schedule hi, i was wondering what the law was for posting a work schedule. Nov 22, 2017 today, ontario passed landmark legislation that will bring more fairness to ontario workplaces and create more security and opportunity for vulnerable workers and their families. Such software allows companies to closely match labor needs and consumer traffic taking into account weather, realtime sales, and deliveries. Eliminate paper based rosters and reduce the errors associated with manually prepared schedules. Employees are now entitled to eight mandatory public holidays in ontario under the employment standards act new years, good friday, victoria day, canada day, labour day, thanksgiving day, christmas day and boxing day. Ontario is committed to moving forward in a balanced way. The complete guide to canadian labour and employment laws.
Most of the onerous scheduling rules slated to take effect on january 1, 2019 under bill 148 were repealed. Ontario labour laws governing labour relations in the province. Ontarios new labour laws an essential howto list for your. Titles of current consolidated regulations on e laws.
Call employer line to have one of our experts run a full onsite audit to provide recommendations and guide you through these changes. You may be able to obtain assistance from a lawyer or paralegal. However, scheduling hourly employees around hundreds of labor laws can get complicated, very quickly. Softworks erostering and labour scheduling solutions can help you to. A practical guide 5 income which an employee may derive or should have derived from alternative employment cannot be used to reduce the employers mandatory minimum obligation under the labour standards act, but may be used to reduce the employers obligation to provide reasonable. Publication 1 of this series describes the types of businesses covered by the code. Like british columbia, averaging agreements may affect how overtime is paid.
Wild west scheduling holds millions of ontario workers. It will help you assist and comply with employee scheduling legislation, as well as how to combat and counter any associated illnesses with poor scheduling. The making ontario open for business act reverses many of the scheduling rules established under bill 148, including. As mentioned in my last post, draft legislation for bill 148 was tabled in the provincial legislature in may. Information on labour standards publication 9 hours of work, part iii of the canada labour code labour standards division i hours of work of part iii of the canada labour code sets out the requirements an employer must meet with respect to hours of work and overtime. Ministry of labour, training and skills development. If your employees work over a certain threshold, you are required to pay them extra money, and it is critical to understand these laws so you are in compliance with them. May 23, 2017 concrete changes for ontario s employers and employees remain to be seen until the province issues its response, which should come within the next week, labour minister kevin flynn said. Canadian labour laws are set up to protect workers from being overworked and underpaid, and those laws extend to overtime. Today, we finally have a clearer picture of what to expect. Major labour and employment law changes coming to ontario. May 29, 2017 what to expect as ontario prepares to unveil new labour legislation. The ministry of labour enforces and promotes awareness of employment standards, such as minimum wage, hours of work, public holidays and other standards. The challenges employers face to properly manage leaves of absence does not end when an employees time off request is approved but extends to many other issues.
The use of scheduling software has increased the instability of work schedules. Managers provide little notice of workers shift schedules and in some cases mandate that workers call in an hour or two before work to see if they are scheduled often called oncall shifts. Ontario employment standards act changes effective 2017, 2018. Governments, in their employment standards legislation, have ignored the. Hours of work and overtime tool ontario ministry of labour. Instead, you have to look at the terms and conditions of employment.
The ultimate goal is to bring ontario s employment standards act, labour relations act and occupational health and safety. The hours of work and overtime tool is a series of tutorials and calculators designed to help you understand things like rest periods, daily and weekly hours of work limits, eating periods, overtime, averaging overtime and time off in lieu. What to expect as ontario prepares to unveil new labour legislation. The ministry of labour advances safe, fair and harmonious workplace practices that are essential to the social and economic wellbeing of the people of ontario. On november 21, 2018, ontario passed the making ontario open for business act, 2018 bill 47 which repealed or rewrote many of the previous changes made to the employment standards act. Bill 148, revising labour laws in ontario, is moving close to becoming reality and human resources hr leaders need to start getting ready. The employment standards act, 2000 esa provides the minimum standards for most employees working in ontario. Nov 08, 2018 labor and employment legislation around hourly workers is a key area of focus for businesses with large workforces.
Employment standards ministry of labour, training and. It professionals would likely be subject to new rules on scheduling the. Ontario considering overtime and hours of work rules for. Does my employer have to give me my schedule or a minimum. Meeting the accommodation needs of employees on the job. Rules of overtime in canada by province quickbooks canada. The following questions and answers will be of interest. This includes rules about the maximum number of hours you have to work and breaks. Jun 02, 2017 about twothirds of parttime employees in ontario are women, so the legislations equal pay for equal work provisions also support the governments efforts to close the gender wage gap.
Ontario passes legislation to create fair workplaces, better jobs. Explore this website to learn more about employee rights and employer obligations in ontario. Your guide to the employment standards act ontario. Yet compliance, litigation, and best practices are critical to maintaining a competitive advantage. Bill 148, the fair new employment standards become law in ontario rabble. New employment standards become law in ontario rabble. Here is a summary of several of the changes which came into force on january 1, 2019. Empower your employees with selfservice and mobile scheduling keep employee morale high and create a more engaged workforce with advanced selfservice capabilities such as shift swapping, selecting shift preferences and availability, viewing schedules on mobile phones, and even self scheduling in a familiar calendar view. Scheduling provisions amended as the ontario bill 148 advances to second reading by john mastoras on september 21, 2017 posted in canada scheduling of work under the employment standards act, 2000 esa is one of several sections in bill 148 affected by recent amendments. Changing various features of union certification and first contract dispute resolution procedures, including. Nov 24, 2017 labour activists say changes to ontarios employment standards and labour laws increase fairness for workers, but more needs to be done to protect people in precarious jobs. Summary the government of ontario has tabled legislation to make major changes to labour and employment law in the province.
Generally, these would have to specifically grant employers the right to mandatory overtime in ontario, for this right to exist. Also includes a glossary of phrases and words and information in different languages. The canada labour code the code provides for annual vacations in division iv of part iii. Scheduling automation software like shiftboard has completely changed the game for schedulers. The ontario labour laws include both labour law and employment law. What to expect as ontario prepares to unveil new labour. Employment standards frequently asked questions faqs on a variety of related issues. Ontario considering overtime and hours of work rules for it.