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GENERAL
LEGISLATIONS
EMPLOYMENT INSURANCE (EI)
The Employment Insurance
Act is a fundamental restructuring of the old Unemployment Insurance
program and was fully implemented in January, 1997. The Act is designed
for today's labour force, providing assistance where it is most needed and
offering incentives for claimants to return to work.
What is the
Employment Standards Act?
The Employment Standards Act, 2000, known as
the ESA, is the law that sets out minimum standards for informed,
fair and productive workplaces in Ontario.
Why is there an ESA?
The government is committed to safe, fair and healthy workplaces. The
ESA gives employees and employers flexibility to design work
arrangements that reflect today's personal and business needs. The ESA
helps workers get fair treatment; employers become more productive; and
Ontario to attract jobs and investment and stimulate growth.
Who is covered by
the ESA?
The ESA covers every employer and employee in Ontario except:
- employers and employees
in sectors under federal jurisdiction such as banking, airlines,
interprovincial transportation and radio and television broadcasting;
employees of the Crown,
who are excluded from most, but not all, provisions of the ESA;police officers;people who hold
political, judicial, religious or trade union offices;participants in work
experience programs authorized by school boards, colleges or
universities;people required to do
community participation to qualify for social assistance;inmates taking part in
work programs.
There are other exemptions
and special rules. You should check the ESA and regulations for
details (see "For More Information" at the end of this brochure).
What are some of the key
provisions of the ESA?
Pregnancy Leave and
Parental Leave
Birth mothers are entitled
to take 17 weeks of pregnancy leave and 35 weeks of job-protected parental
leave. All other new parents can take up to 37 weeks of leave. As a
result, if each parent of a newborn child elects to take the maximum
allowable job protected leave at separate times, the child could have a
parent at home for up to 89 weeks.
(Note: Maternity and parental benefits are employment insurance payments
from the federal Employment I nsurance program. The rules about these
benefits are different than the rules about pregnancy and parental leave
under the ESA. For information about these benefits, please call
the nearest Human Resources Development Canada office in the Blue Pages of
your telephone book.)
Emergency Leave
Unpaid, job-protected
emergency leave of up to 10 days each year is available for any employee
who works for a company that regularly employs 50 or more people. It may
be taken in the case of personal illness, injury, or medical emergency and
the death, illness, injury, medical emergency or urgent matter concerning
specified family members.
Hours of Work and
Overtime
The daily limit is eight
hours of work a day, or the number of hours in an established regular work
day that is longer than eight hours. The weekly limit is 48 hours.
Employees can agree, in writing, to work more than the longer daily and
weekly limits, up to a maximum of 60 hours a week.
Most employees must receive overtime pay after 44 hours of work each week.
The overtime rate is at least 1� times the regular rate of pay. Employees
can take time off at the rate of 1� hours for each hour of overtime
worked, instead of overtime pay, if they and their employers agree in
writing. If an employee and employer agree in writing, the employee's
hours of work can also be averaged over a period of time not to exceed
four weeks for the purpose of determining whether overtime is due.
Rest Periods
The daily rest period
requirement is 11 consecutive hours off in a 24-hour period. An employee
must be allowed 24 consecutive hours off in each week or 48 hours off (two
consecutive days) every two weeks. An employee must also have eight hours
free from work between shifts - unless the total time worked on successive
shifts is 13 hours or less, or unless the employee and employer agree to
another arrangement in writing. These requirements are also subject to
certain exceptions, e.g. on-call employees or employers' emergency
staffing needs.
Direct Deposit
Employers can deposit
wages directly into employees' bank accounts if certain conditions are
met. For example, the financial institution must be within a reasonable
distance from the workplace, unless the employee agrees otherwise in
writing.
Vacation Time and
Vacation Pay
Employees are entitled to
four percent of their wages as vacation pay. Employees earn two weeks of
vacation time each 12-month vacation entitlement year. Employers must
generally schedule vacations in one- or two-week blocks, unless employees
request their vacation time be scheduled in other ways. If an employee
requests in writing, and an employer agrees in writing, vacation can be
taken in periods as short as one day at a time.
Public Holidays
There are eight public
holidays in each calendar year in Ontario: New Year's Day, Good Friday,
Victoria Day, Canada Day, Labour Day, Thanksgiving Day, Christmas Day and
Boxing Day (Dec. 26).
Most employees are entitled to public holidays regardless of how long
they've been working. Unless otherwise prescribed, public holiday pay is
the regular wages earned plus vacation pay payable to an employee during
the four work weeks prior to the holiday, divided by 20.
Termination and Severance
In most cases, when an
employer ends the employment of someone who has been continuously employed
for three months or more, the employer must provide either advance written
notice of termination or termination pay or a combination of the two.
How much advance written notice or termination pay is required generally
depends on how long someone has been working for an employer. The
requirements may also be affected by the number of employees terminated in
a four-week period.
Employers must continue to make the contributions required to maintain an
employee's benefit plans during the notice period. This applies even if
the employee has received termination pay instead of working part or all
of the notice period.
Posting requirements
Employers must post in
their workplaces a Ministry of Labour document that outlines the rights
and responsibilities of employers and employees under the ESA.
Employers are required to post this information in the majority language
of the workplace if such a poster is available from the Ministry of Labour.
Employees can't be
penalized
Employers cannot penalize
employees in any way because the employee:
- exercises or tries to
exercise any rights under the ESA;
asks questions about
their rights under the ESA;
asks their employer to
comply with the ESA;
files a complaint under
the ESA;
gives information to a
Ministry of Labour employment standards officer or participates in a
proceeding under the ESA or section 4 of the
Retail Business Holidays Act;
is or will become
eligible to take, plans to take, or takes a pregnancy, parental or
emergency leave;
was the subject of a
court order or garnishment that requires the employer to pay the
employee's wages to a third party.
Enforcing the law
Ministry of Labour employment standards officers
have the right to look into possible violations of the ESA and
they can inspect workplaces.
Employers who violate the ESA can be ordered to:
pay the wages that are owing to employees (up to
a maximum of $10,000 per employee);
pay an administrative fee;
comply with the ESA;
reinstate an employee;
compensate an employee;
pay a penalty.
Employers can also be prosecuted and, upon conviction, ordered to pay a
fine of up to $50,000 and/or serve up to 12 months in jail. Corporate
employers can be ordered to pay a fine of $100,000 for a first offence,
$250,000 for a second offence and $500,000 for a third offence.
How to file a claim
If an employee thinks that an employer or former
employer has not followed the ESA, they are encouraged to discuss
the matter with their employer.
They may also choose to send their employer a letter explaining the
problem and asking to have it resolved. If they need help, they can
contact the Ministry of Labour and can file a claim. Employees who are
covered by a collective agreement must generally go through their union if
they think their rights have been violated.
For information on how to file a claim, please call the Employment
Standards Information Centre (see the end of this brochure), or visit the
nearest Ministry of Labour office (see the Blue Pages or our web site).
*****
This brochure contains only general information
about some rules in the ESA. The ESA also sets out rules
for Minimum Wage, Record Keeping, Retail Employees and Sunday Work, Equal
Pay for Equal Work, Benefit Plans, and other topics. For more detail you
should refer to the law itself. See below for information on how to get a
copy of the ESA or where to go to learn more about it.
For more
information
Call the Employment Standards Information Centre
at 416-326-7160 or toll- free at 1-800-531-5551.
Information on the ESA can also be found on the Ministry of
Labour web site at
http://www.gov.on.ca/lab/
and select "Employment Standards".
Copies of the ESA, fact sheets, bulletins and other useful
materials can be obtained from:
the web site at
http://www.gov.on.ca/lab/;
the Ministry of Labour Publications Sales Unit
at 1-800-809-4731;
Publications Ontario, 1-800-668-9938; hearing
impaired TTY 1-800-268-7095.
MINISTRY OF LABOUR
WORK AND OUR QUALITY OF LIFE
The people of Ontario enjoy one of the highest standards of living in
the world.
Our economic growth is soaring. Our workforce is among the most highly
educated, trained and skilled anywhere in the world.
Ontario is a good place to live, work and raise a family - and we want to
keep it that way.
Keeping that high standard depends on maintaining our economic growth. Our
vision is a province that encourages new investment, jobs and prosperity.
It is a province that has labour laws designed to seize the opportunities
of the global economy and workplaces of the 21st century.
To do this, our workplaces need to be safe. They need to be fair. They
need to be harmonious.
What does the Ministry of Labour do?
The goal of the Ministry
of Labour is to have workplaces that are safe, fair and harmonious in
Ontario.
To achieve that goal, the ministry administers and enforces Ontario's
labour laws through its three main business areas:
occupational health and safety, employment standards and labour relations.
Each area is responsible for administering specific laws, enforcing them
where necessary and protecting the rights of employees who have the
greatest need in the workplace.
KEEPING ONTARIO'S WORKPLACES SAFE
Occupational Health and Safety Program
What is the ministry's
role in occupational health and safety?
The ministry sets,
communicates and enforces standards under the Occupational Health and
Safety Act (the Act) and other legislation to ensure safe and healthy
workplaces.
The "Internal Responsibility System" is the basis of the Act. The Internal
Responsibility System recognizes that injury and disease prevention is the
shared responsibility of everyone in the workplace - employers,
supervisors, employees and others.
The ministry works with the Workplace Safety and Insurance Board (WSIB)
and health and safety organizations funded by the WSIB. These agencies
provide education, training and advice to employers and employees to
ensure safe and healthy workplaces. With its partners the ministry focuses
on injury and illness prevention in sectors such as industrial,
construction and mining.
Enforcement is a key role. Ministry health and safety inspectors, with
technical support from engineers, physicians, hygienists, ergonomists and
radiation physicists, enforce the laws by:
- Inspecting companies, concentrating on those that need help in
establishing self-reliance in their workplace, and on companies that have
a poor track record;
- Investigating fatalities, critical injuries, serious accidents,
complaints, work refusals, work stoppages and disputes.
Legislation and Regulations include:
The Occupational Health and Safety Act and the regulations for:
- Construction Projects/Manufacture and Repair of Ships
- Industrial Establishments
- Mines and Mining Plants
- Designated substances such as asbestos, lead, mercury or isocyanates
Smoking in the Workplace Act
Trades Qualification and Apprenticeship Act
Parts of the Hazardous Products Act
Workplace Hazardous Materials Information System (WHMIS)
KEEPING ONTARIO'S WORKPLACES FAIR
Employment Standards Program
What is the role of the
ministry in employment standards?
The ministry sets, communicates and enforces standards under the
Employment Standards Act to ensure fair workplaces.
Employment standards staff educate employers and employees about the
minimum standards. This helps both the employers and employees understand
their rights under the law, become more self-reliant and able to comply
with the law.
The key standards include:
minimum wage
hours of work
overtime
annual vacation
termination of employment
severance pay
public holidays
pregnancy and parental leave
homeworkers and domestic workers
Employment Standards Officers conduct workplace inspections, investigate
employee claims in workplaces where employees (or past employees) are not
covered by a collective agreement and help to resolve disputes. They
enforce compliance when necessary.
The Pay Equity Commission
The Pay Equity Commission contributes to fairness in the workplace. The
Commission is responsible for the Pay Equity Act and ensures that work
traditionally done by women is paid at least the same as work of equal
value traditionally done by men.
The Pay Equity Office services include:
education programs for the public
dispute resolution to help employers, employees and bargaining units
monitoring the implementation of pay equity plans
enforcing compliance when required
KEEPING ONTARIO'S WORKPLACES HARMONIOUS
Labour Management Services
What is the role of Labour
Management Services?
Labour Management Services help maintain balanced, stable and harmonious
labour relations in Ontario while encouraging greater self-reliance in the
workplace. Key to this is mediating disputes between employers and
bargaining agents to achieve negotiated settlements.
Labour Management Services delivers programs through the:
Office of Mediation, which settles collective agreements through
conciliation and mediation.
Office of Arbitration, which processes requests for the appointment of
arbitrators.
Office of Collective Bargaining Information, which provides labour
relations and collective bargaining research and information.
Other agencies of the Ministry of Labour
These boards and offices are independent or partially independent of the
Ministry of Labour and carry out function that are related to the
ministry's main businesses.
The Workplace Safety and Insurance Board
- plays a key role in Ontario's occupational
health and safety system. It has a strong prevention mandate, provides
insurance for injuries and illnesses that occur in workplaces covered
under the Workplace Safety and Insurance Act, and works to help the
employee's early and safe return to work.
(The following two offices are funded by the WSIB and advise, represent
and educate employers and employees in their dealings with the WSIB and
WSIAT.)
Office of the Employer Adviser - provides services primarily to
employers with fewer than 100 employees.
Office of the Worker Adviser - provides assistance to non-unionized
employees.
Public Service Appeals Board (PSAB)
- comprised of the Crown Employees Grievance
Settlement Board and the Public Service Grievance Board. The PSAB
arbitrates and mediates disputes arising from collective agreements under
the Crown Employees Collective Bargaining Act, 1993. The board also hears
grievances of management employees pursuant to the Public Service Act.
Tribunals
Three tribunals adjudicate and hear appeals of cases. They have powers
similar to law courts
Workplace Safety and Insurance Appeals Tribunal (WSIAT) - hears
appeals from employees and employers who disagree with decisions made by
the WSIB concerning comprehensive claims. It is independent of the WSIB.
Pay Equity Hearings Tribunal (PEHT) - has final authority under the
Pay Equity Act to resolve disputes arising from a Pay Equity Commission
order. The tribunal also determines applications for enforcement brought
to it by the Commission.
Ontario Labour Relations Board (OLRB) - adjudicates matters under the
Ontario Labour Relations Act. It certifies trade unions and can terminate
a trade union's bargaining rights. It also hears appeals of cases under
the Employment Standards Act, the Occupational Health and Safety Act and
other employment related laws.
The OLRB also adjudicates matters under:
Hospital Labour Disputes Arbitration Act
Colleges Collective Bargaining Act
Education Act, as amended by the Education Quality Improvement Act
Crown Employees' Collective Bargaining Act, 1993
Public Service Act
Fire Protection and Prevention Act, 1997
Public Sector Labour Relations Transition Act, 1997
Smoking in the Workplace Act
Environmental Protection Act and Environmental Bill of Rights
MINISTRY OF LABOUR FIELD OFFICES
Central Region
Toronto East
2275 Midland Avenue
Unit #1, Main Floor
Scarborough ON M1P 3E7
416-314-5300
Fax: 416-314-5410
Durham
67 Thornton Road South
Oshawa ON L1J 5Y1
905-433-9416
1-800-263-1195
Fax: 905-433-9843
Toronto North
1201 Wilson Avenue
Building E, 2nd Floor
Downsview ON M3M 1J8
416- 235-5330
Fax: 416- 235-5080
Toronto West
1201 Wilson Avenue, Building E, 2nd Floor, West Building
Downsview ON M3M 1J8
416-235-5330
Fax: 416-235-5090
Peel North
Peel South
1290 Central Parkway West, Main Floor
Mississauga ON L5C 4R3
905-273-7800
Fax: 905-615-7098
York
1110 Stellar Drive, Unit 102
Newmarket ON L3Y 7B7
905-715-7020
1-888-299-3138
Fax: 905-715-7140
Barrie
114 Worsley Street, Suite 201
Barrie ON L4M 1M1
705-722-6642
1-800-461-4383
Fax: 705-726-3101
Eastern Region
Ottawa West
Ottawa East
1111 Prince of Wales Drive
Suite 200
Ottawa ON K2C 3T2
613-228-8050
1-800-267-1916
Fax: 613-727-2900
Kingston
Beechgrove Complex
51 Heakes Lane
Kingston ON K7M 9B1
613-545-0989
Fax: 613-545-9831
Peterborough
300 Water Street North
3rd Floor, South Tower
Peterborough ON K9J 8M5
705-755-4700
Fax: 705-755-4724
Northern Region
Sudbury East
Sudbury West
159 Cedar Street, Suite 301
Sudbury ON P3E 6A5
705-564-7400
1-800-461-6325
Sudbury East Fax: 705-564-7076
Sudbury West Fax: 705-564-7437
Timmins
Ontario Government Complex
P. O. Bag 3050 "D" Wing
Highway 101 East
South Porcupine ON P0N 1H0
705-235-1900
1-800-461-9847
Fax: 705-235-1925
Thunder Bay
435 James Street South, Ste. 222
Thunder Bay ON P7E 6S7
807-475-1691
1-800-465-5016
Fax: 807-475-1646
Sault Ste. Marie
70 Foster Dr, Ste. 480
Sault Ste. Marie ON P6A 6V4
705-945-6600
1-800-461-7268
Fax: 705-949-9796
Western Region
Hamilton
1 Jarvis Street, Main Floor
Hamilton ON L8R 3J2
905-577-6221
1-800-263-6906
Fax: 905-577-1200
Halton
1 Jarvis Street, Main Floor
Hamilton ON L8R 3J2
905-577-6221
1-800-263-6906
Fax: 905-577-1324
Brant
1 Jarvis Street, Main Floor
Hamilton ON L8R 3J2
905-577-6221
1-800-263-6906
Fax: 905-577-1324
Niagara
301 St. Paul St, 8th Floor
St. Catharines ON L2R 7R4
905-704-3994
1-800-263-7260
Fax: 905-704-3011
London North
London South
217 York St., 5th Floor
London ON N6A 5P9
519-439-2210
1-800-265-1676
Fax: 519-672-0268
Windsor
4510 Rhodes Drive, Suite 610
Windsor ON N8W 5K5
519-256-8277
1-800-265-5140
Fax: 519-258-1321
Kitchener
155 Frobisher Drive, Unit G213
Waterloo ON N2V 2E1
519-885-3378
1-800-265-2468
Fax: 519-883-5694
IMPORTANT TELEPHONE NUMBERS:
Employment Standards Inquiries
and Information Centre:
416-326-7160 (Greater Toronto Area)
1-800-531-5551 (Canada-wide)
Occupational Health and Safety
Inquiries:
1-800-268-8013 (Province-wide)
Other: 416-326-7770 - Occupational Health
& Safety
Other: 416-326-7160 - Employment Standards
Toll Free: 800-268-8013 - Occupational Health & Safety
Toll Free: 800-531-5551 - Employment Standards
Fax: 416-326-6546 - On-Demand
Web site:
www.gov.on.ca/lab
Address:
LABOUR
400 University Ave
Toronto ON M7A 1T7
OFFICE OF THE EMPLOYER ADVISER
General Inquiry: 416-327-0020
Toll Free: 800-387-0774
Fax: 416-327-0726
Web site:
www.gov.on.ca/lab/oea
Address:
OFFICE OF THE EMPLOYER ADVISER
Suite 704
151 Bloor St W
Toronto ON M5S 1S4
MINISTER'S OFFICE
General Inquiry: 416-326-7600
Fax: 416-326-1449
Address:
MINISTER'S OFFICE
14th Flr
400 University Ave
Toronto ON M7A 1T7
DEPUTY MINISTER'S OFFICE
General Inquiry: 416-326-7606
Fax: 416-326-0507
Address:
DEPUTY MINISTER'S OFFICE
14th Flr
400 University Ave
Toronto ON M7A 1T7
ECONOMICS AND BUSINESS CLUSTER - INFORMATION
AND INFORMATION TECHNOLOGY
General Inquiry: 416-326-9400 -
Service Desk
Other: 416-212-6000 - Service Desk
Fax: 416-326-9424
Address:
ECONOMICS AND BUSINESS CLUSTER - INFORMATION
AND INFORMATION TECHNOLOGY
Eaton Tower
33rd Flr
250 Yonge St
Toronto ON M5B 2N5
INTERNAL ADMINISTRATIVE SERVICES DIVISION
General Inquiry: 416-326-7586
Fax: 416-326-7599
Address:
INTERNAL ADMINISTRATIVE SERVICES DIVISION
14th Flr
400 University Ave
Toronto ON M7A 1T7
OPERATIONS DIVISION
General Inquiry: 416-326-7606
Fax: 416-212-4455
Address:
OPERATIONS DIVISION
14th Flr
400 University Ave
Toronto ON M7A 1T7
POLICY AND LABOUR MANAGEMENT SERVICES DIVISION
General Inquiry: 416-326-7558
Fax: 416-326-7599
Address:
POLICY AND LABOUR MANAGEMENT SERVICES
DIVISION
14th Flr
400 University Ave
Toronto ON M7A 1T7
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