Under the Ontario Employment Standards Act, 2000 (ESA) employers covered by the Act are required to post “the most recent version” of the Ontario Ministry of Labour poster which outlines rights and obligations under the ESA.

The recent Fair Workplaces, Better Jobs Act (Bill 148) makes changes to the ESA that render the previous version of the poster out of date and the Ministry has made available the newest version, 7.0, in pdf format.

Employers covered by the ESA must ensure that version 7.0 of the poster is posted in the workplace immediately and a copy distributed to every employee in Ontario.  Failure to do so would be in violation of the ESA and could expose employers to enforcement action.

Below are  links to download a copy of the Province’s new poster which can be printed out and posted in your workplace and distributed to employees.
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The poster must be posted in a location in the workplace where it is likely to come to the attention of employees.  Employers must also provide employees with a copy of the poster within 30 days of their hire date.

The English language poster must be displayed in English. In addition, if the majority language of a workplace is a language other than English and the Ministry has published a version of the poster in that language the employer is required to post a copy of the translation next to the English version of the poster.  Employees must also be provided with available translations of the poster, upon request.

Currently only an English version and a French version are available. The Ministry made available posters in other languages with version 6.0, so it is likely that same will be done for this new version at some time in the future.

In recent months many changes have been introduced to the Ontario Employment Standards Act and the Labour Relations Act, through the introductions of the Fair Workplaces, Better Jobs Act, 2017, also referred to as Bill 148.

These are among the most important and wide ranging, but there may be other changes that effect your workplace.

Please contact us if you have any questions or would like information related to your specific situation.

CHANGES TO THE EMPLOYMENT STANDARDS ACT

MINIMUM WAGE

• The general minimum wage increase to $14 per hour went into effect on January 1, 2018.,
  • Student minimum wage (under 18 years) has increased to $13.15 per hour.
  • Minimum wage for liquor servers is now $12.20 per hour.

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• On January 1 2019 the minimum wage will further increase to $15 per hour.

PART TIME, CASUAL, TEMPORARY AND SEASONAL EMPLOYEES

• Effective April 1, 2018, employers will be required to pay part-time, casual, temporary, and seasonal employees who perform substantially the same kind of work in the same workplace the same wage rates as their full-time counterparts.
  • Temporary help agencies must pay employees who are doing substantially the same work in the same workplace as the other employees of the agency’s client at the same rate as regular employees of the agency’s client.

VACATION TIME AND PAY

• Employees with five (5) years of service with the same employer are entitled to:
  • Vacation time: three (3) weeks
  • Vacation pay: six percent (6%) of gross earnings.

EMPLOYEE PERSONAL EMERGENCIES

• Employees can now to take up to ten (10) days of job-protected leave for personal emergencies.
  • If the employee has been with the employer for longer than one (1) week, the first two (2) days of the leave are paid. The rest are unpaid.
  • NOTE: This rule previously applied only to workplaces with more than 50 employees. It now applies to all workplaces.
• Employers can require employees to provide evidence for a personal emergency but cannot require that evidence to be a note from a physician, registered nurse or psychologist.
• If an employee who has been with an employer for 13 consecutive experiences or receives threats related to, domestic or sexual violence, or if the employee’s child experiences or receives threats related to domestic or sexual violence, the employee is entitled to up to 10 individual days of leave and up to 15 weeks of leave.

FAMILY MEDICAL LEAVE

• Family Medical Leave is increased to up to 28 weeks in a 52-week period. (Formerly this was set at up to eight weeks in a 26-week period)

LOSS OF A CHILD

• Parents who have lost a child (under 18 years of age), regardless of the cause, are entitled to a protected leave of up to 104 weeks. (Formerly this leave was entitled only to parents who experienced loss of a child as a result of crime.)

PREGNANCY LOSS

• Employees who experience pregnancy loss can seek a 12-week extension (formerly six (6) weeks) to their 17-week leave.

ENFORCEMENT AND EDUCATION

• The Province of Ontario is hiring up to 175 more employment standards officers to enforce these and all changes to the Acts.
• Programs will be offered to educate both employees and businesses about their rights and obligations under the new provisions.

CHANGES TO THE LABOUR RELATIONS ACT

All changes effective January 1, 2018.

DISCIPLINE AND DISCHARGE

• An employer is prohibited from disciplining or discharging any employee in a bargaining unit without just cause between:
  • the date of certification and the date a first contract is entered into (or the date when the union no longer represents that bargaining unit, if earlier)
  •  OR
  • between the date of the legal strike or lockout and the date the new collective bargaining unit is entered into (or the date when the union no longer represents that bargaining unit, if earlier).

UNION CERTIFICATION

• Among changes that make it easier to achieve union certification, unions can access employee lists and certain contact information if they can demonstrate 20 percent support of employees in their proposed bargaining unit.
• Card-based union certification is now permitted in these industries and sectors:
  • temporary help agency
  • building services
  • construction
  • home care
  • community services