Section 5 of Ontario Employment Standards Act states that neither you nor your employee can contract out of the minimum standards set under the ESA. Also, if you draft out an employment contract between you and your employee that mandates that your employee is to receive a greater benefit with something that directly relates to the same subject matter as the employment standards provides, the provision or provisions in the contract applies and the employment standard does not apply
TO FINISH READING THIS ARTICLE PLEASE CLICK HERE →In accordance with Employment Standards Act, the Minister of Labour prepares and updates a poster that summarizes the ESA and all of its regulations This poster is titled “What You Should Know About the Employment Standards Act” and should be posted in a conspicuous place in the workplace. A poster copy is attached. The reason the Ministry publishes this poster is to make sure that not employers understand their obligations toward their employees, but also that employees know their rights. What does the poster contain?A brief summary of the “highlight” of the employment standards act. including: the hours of work
TO FINISH READING THIS ARTICLE PLEASE CLICK HERE →The majority of employers and employees in Ontario are governed by the Ontario Employment Standards Act, 20001 (the ESA). The ESA outlines the minimum standards that both employers and employees must follow with respect to such topic What does the Employment Srandards Act Cover? The ESA covers a wide range of employment standards including: minimum requirements for workplaces; provisions to assist employees with family responsibilities; increased flexibility in work arrangements; and mechanisms for compliance and enforcement. Subjects covered under the ESA include: Posting Requirements Hours of Work Eating Periods Rest Periods Wages and Overtime Minimum Wage Pregnancy and Parental Leave Personal
TO FINISH READING THIS ARTICLE PLEASE CLICK HERE →Bill 107 changed the Ontario Human Rights Code on June 30, 2008. Unfortunately most people who require human rights intervention do not know much, if anything about the human rights code. This quick article will address human rights remedies as well as a few other issues that applicants should be aware of. Since 2008, Ontarians apply directly to the Human Rights Tribunal, not the Ontario Human Rights Commission, which was previously the “gatekeeper” of the Tribunal. The Commission now is more focussed on educating the public and the promotion of issues under the Human Rights Code. Remedial Remedies Under The
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Sale of a business and the ESA
Under the ESA, if you sell your business or a part of your business and the purchaser subsequently employs any employee of yours, the employment of that employee shall be deemed not to have been terminated or severed for the purposes of the Employment Standards Act. The employee’s employment with the buyer shall be deemed to have been employment with the seller – meaning that any subsequent calculation of the employee’s length or period of employment under the ESA is not interrupted. – Remember this is Ontario Standards only. There are some exceptions to this. Consult me if you need