March 13, 2023
The government of Ontario announced today that it will be proposing changes regarding employees who work solely from home.
The changes would make those workers eligible for the same enhanced notice as “in-office” and other employees in the case of mass termination situations.
Remote employees would also receive the same eight week minimum notice of termination or pay-in-lieu.
Currently, the Employment Standards Act (ESA) states that the notice rules for mass termination apply when the employment of 50 or more employees is terminated at an employer’s establishment within a four-week period. In the case of a mass termination, an employee could be entitled to eight, 12 or 16 weeks’ notice, depending on the number of employees terminated.
The proposed changes, if passed, would broaden the definition of “establishment” to include employees’ remote home offices, making employees who solely work remotely from home eligible to received enhanced notice.
Regarding paid notice or pay-in-lieu, the ESA outlines that an employee who is terminated after five years of service would be entitled to five weeks of paid notice or pay-in-lieu under individual termination rules, but if that employee is one of 100 employees terminated at an employer’s establishment within a four-week period then that employee would be entitled to eight weeks of paid notice or pay-in-lieu.
The government is also proposing regulatory changes that would require employers to provide written information to new employees working solely from home about pay, work location, hours of work and other Employment Standards Act (ESA) workplace rights and responsibilities.
Currently, under the ESA, employers can inform all employees of these rights and responsibilities by sharing the latest version of the employment standards poster.
I will keep you up to date on the status of these proposals as they undergo the necessary legislative procedures.
Please contact me with any questions you may have or for assistance working through your staffing matters.