I am often asked simple questions by small businesses in the community and I am surprised that the majority of the small business owners I talk to do not know the first thing about employment standards. If you hire employees you need to at least be aware of the minimums of what is required for you to know as a business owner. Part V, Sections 11 to 14 of the Ontario Employment Standards Act deals with the payment of wages. The Act indicates that as an employer you must establish a recurring pay period and a recurring pay day for
TO FINISH READING THIS ARTICLE PLEASE CLICK HERE →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
TO FINISH READING THIS ARTICLE PLEASE CLICK HERE →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 →The case of Dwyer v. Advanis, found here, details the importance of properly drafted employment contracts and why employers should not use “boiler plate” contracts or re-use or modify older employment law contracts. This case also deals with minimum notice provisions in employment contracts. The Plaintiff was hired in sales in April of 2004. He signed an employment law contract that noted a termination provision “if there was not a good fit between [the Plaintiff’s] skills and the requirements of the job”. At that time Mr. Dwyer had no history with the company. From 2004 to early 2006 the Defendant
TO FINISH READING THIS ARTICLE PLEASE CLICK HERE →There is soon a chance that EI Benefits would be extended to the 2.6 million self-employed persons in Canada. The benefits would be available as special benefits that would extend to issues dealing with maternity leave and compassionate care leave. The regular weekly benefits would not be an option for self-employed, given that they could obviously lay themselves off. The bill seems likely to pass, given the multi-party support. The logic is obviously that entrepreneurs and self-employed should not have to chose between the day to day operations of their business and/or families. IF the bill passes, then self-employed could
TO FINISH READING THIS ARTICLE PLEASE CLICK HERE →What are public holidays and how do employers deal with them? Firstly who gets paid public holiday pay? Qualified employees can be full time or part time employees, permanent employees or contract employees. They can also be students. It does not matter how recently they were hired, or how many days they worked before the public holiday. What are the public holidays in Ontario? We have nine statutory holidays in Ontario: • New Year’s Day; • Good Friday; • Victoria Day; • Canada Day; • Labour Day; • Thanksgiving Day; • Christmas Day; and • Boxing Day. You are not
TO FINISH READING THIS ARTICLE PLEASE CLICK HERE →I help out a lot of small businesses in the Halton region. Surprisingly I often get this question. Minimum wage in Ontario is the lowest paid hourly rate that you can pay your employees – no matter if that employee is full time or part time, paid a salary of a flat rate. There are jobs that are exempt. If you have any questions please give me a call. You can read more by clicking here. Minimum Wage Rates Minimum Wage Rate March 31, 2009 Current wage rate March 31, 2010 General Minimum Wage $9.50 per hour $10.25 per hour
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What are reprisals under the Employment Standards Act?
Part XVII of the Employment Standards Act (ESA) deals with reprisals by employers against their employees for exercising of rights or attempting to exercise or enforce their rights under the ESA. Section 74(1) if the ESA mandates that employers are prohibited from intimidating, dismissing or otherwise penalizing an employee or threatening to do so because the employee has asked the employer to comply with the Employment Standards Act, 2000 (ESA) and the regulations asked questions about rights under the ESA filed a complaint under the ESA exercised or tried to exercise a right under the ESA gave information to an