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Chapter #6-Employment Standards Act.docx

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Law and Business
LAW 529
Pnina Alon- Shenker

Chapter 6 Employment Standards Act Ontario Employment Standards Act 2000 ESA sets out minimum terms and condition of work Including hours of work overtime premium pay public holidays vacation time and pay and pregnancy and parental leaveIt also establishes minimum requirements with respect termination notice and severance pay ESA requires that EEs receive overtime pay after working 44 hours in a weekThe ESA displaces the commonlaw principle that the parties are free to negotiate their own terms and conditions of employment o many EEs lack the bargaining power to negotiate acceptable working conditions with the ER o the government thus is setting and enforcing minimum rights that we as a society require in the interest of fairness in the workplaceGENERAL REQUIRMENTS ApplicationThe ESAs application is set out in s3 Most EEs and ERs in Ontario are covered Those not covered include the following o EEs in federally regulated sectors such as banks airlines and broadcasting o Secondary school students working in workexperience program authorized by their school board o College or university students working under a program approved by the institution o Individuals involved in community participation under the Ontario Work Act 1997 o Police officers except with respect to the lie detector provisions o Employees of embassies or consulates of foreign nations o Inmates of correctional institutions taking part in work programs o People working in simulated jobs for the purpose of rehabilitation o People who hold political judicial religious or trade union officesCertain employees are exempt only from some parts of the Act or are subject to special rules o Professional EEs such as accountants and lawyers and farm workers directly employed in primary production are exempt from provisions regarding minimum wage maximum hours or work OT pay paid public holidays and vacation pay o Government crown EEs are exempt from most but not all sections of the ActRecord KeepingSection 2 of the ESA requires ERs to display in a noticeable place in the workplace a poster prepared by the Ministry of Labour that provides information about the Act and its regulationsPoster contains brief summary of key standards and includes information about enforcement of the Act emphasizing that EEs cannot be penalized for enforcing their rights under the legislation if standard language is diff ER must have the English and other language postedWages Payment of WagesSection 11 of the ESA requires and ER to establish a regular pay period and payday for EEs and to pay all wages earned during the pay period on or before the regular paydayPayments may be by cash cheque or direct deposit partial payment is prohibitedWhen employment ends all outstanding wages including vacation pay must be paid no later than 7 days after employment ends or on the EEs next regular payday whichever occurs later Deductions from WagesVacation PaySection 13 prohibits and ER from withholding or deducting any wages payable to an EE unless it is o Obliged to do so by statute as in the case of deductions for income taxes EI premiums and CPP contributions o Obliged to do so by a court order as in the case of garnishment order requiring the money to be paid to a third party to whom money is owing ex A child support pmt o Authorized by the EE to do so in writing The authorization must include specific information concerning the amount of money to be deducted and the method of calculating it It should be signed dated and preferably witnessedEven with a written authorization an ER cannot make a deduction from wages to cover faulty workWith proper authorization it came make a deduction for a cash shortage or lost or stolen property only if the EE is the only one with access and total control over the cashproperty Wage Statements
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