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Home > Government
Relations > Labour
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Standards Labour Relations Some of the recent amendments to the Ontario Labour Relations Act include:
Labour Relations -
Downloadable Documents • Premier McGuinty’s response to Coalition for Democratic
Labour Relations, April 28, 2005 Page
1 •ORHMA urges government to protect democracy in the workplace:
submission to Standing Committee on Social Policy, April 26, 2005 • ORHMA calls for public hearings, letter to all MPPs, April 2005 • Coalition for Democratic Labour Relations letter to all MPPs,
February 2005 Page
1, Page
2, Page
3, Page
4 • Business Leaders form Coalition to oppose proposed changes to
Ontario’s Labour Relations Act, December 2004 Page
1, Page
2 • ORHMA letter to Minister of Labour, November 2004 Page
1 Minimum Wage Provincial Government Announces Change to Minimum Wage for Students and Liquor Servers On July 4th, over three months after announcing an increase to the General Minimum Wage, the provincial government has announced its decision to continue to recognize minimum wage rate differentials for both liquor servers and students. Many provinces have moved away from wage rate differentials for different categories of workers and now only recognize a general minimum wage. In the 2007 Provincial Budget the government announced a 28% increase to the General Minimum Wage, increasing by 75 cents in each of three years, reaching $10.25 in 2010. [Sonia Richards] The July 4th announcement saw the government enact parallel 28% increases to minimum wage rate differentials for liquor servers and students (those under the age of 18 working not more than 28 hours per week during the school year or working during a school holiday). 2010 will see seven consecutive annual increases in minimum wage. Scheduled minimum wage increases are as follows:
The ORHMA did identify continued minimum wage increases
as an area of concern as part of the 2007 Pre-Budget submission, and issued
a press release in response to the Budget announcement. The ORHMA has
continued to call on the government to continue to recognize minimum wage
rate differentials for both students and liquor servers but had called
for a freeze to these rates due to the economic state of the hospitality
industry. The ORHMA will continue to represent your views and interests
to ensure that the government is aware of and considers the impact of
policy decisions on the hospitality industry. Holiday Pay Under the Employment Standards Act, eight days are designated as public holidays: New Years Day, Good Friday, Victoria Day, Canada Day, Labour Day, Thanksgiving Day, Christmas Day, and Boxing Day. Generally, employees qualify for public holiday entitlements unless they fail, without reasonable cause, to work:
Public holiday pay is an amount equal to an employee’s regular wages earned in the four work weeks prior to the public holiday plus any vacation pay payable during that period, divided by 20. Qualified employees are entitled to take off the public holidays with public holiday pay. They can also agree in writing to work on the public holidays and :
For more a detailed explanation of holiday pay as well as a list of exemptions and special circumstances, please visit www.gov.on.ca/lab Vacation Pay This employment standard has two parts: vacation time and vacation pay. Most employees covered by the ESA earn two weeks of vacation with pay after each 12 months of employment. This 12-month period is called the "vacation entitlement year", and it starts the day an employee is hired and lasts 12 months. After this entitlement year ends a new entitlement period begins. This happens every 12 months as long as the employee works for the employer. Full-time, part-time, temporary, seasonal, contract workers and student workers are eligible. Employees are entitled to two weeks of vacation time after each 12-month vacation entitlement year. Where the employer has established an alternative vacation entitlement year that does not start on the anniversary date of the employee's hire (for example, an employee might be hired on June 1, but the employer has set up the entitlement year to begin each year on September 1), the employee is entitled to a pro-rated amount of vacation time for the period (stub period) before the alternative vacation entitlement year starts. Vacation pay must be at least four per cent of the "gross" wages earned in the 12-month vacation entitlement year or in the stub period (where that applies). Employers are required to keep records of the vacation time earned since the date of hire but not taken before the start of the vacation entitlement year, the vacation time earned and vacation time taken (if any) during the vacation entitlement year (or stub period), and the balance of vacation time remaining at the end of the vacation entitlement year (or stub period). The employer must also keep records of the vacation pay paid to the employee during the vacation entitlement year (and stub period, if any) and how that vacation pay was calculated. These records must be made no later than seven days after the start of the next vacation entitlement year (or first vacation entitlement year if the records relate to a stub period) or the first pay day after the stub period or vacation entitlement year ends, whichever is later. For more information go to www.gov.on.ca/lab Employment
Standards Act Poster This poster must be printed out on legal-size (8 ½”
x 14”) paper. It can be printed in colour or black and white. It
is free.
Employment Standards Act Poster Version 4.0 Hours of
Work The Employment Standards Act (ESA) sets out rules employers must follow if they want their employees to work more than 48 hours a week or who wish to average an employee’s work hours in order to determine overtime pay entitlements. If an employer wants an employee to work more than 48 hours in a week, the employer must:
The first two requirements also apply if an employer wants an employee to work excess daily hours. If an employer wants to average an employee’s hours for the purposes of determining entitlement to overtime pay, the employer must obtain written agreement from the employee or, if the employee is represented by a union, the employee’s union and obtain approval from the Director of Employment Standards. Employers can begin applying immediately for approval of excess weekly hours and/or averaging hours. Employers will be required to keep copies of agreements to work excess hours or average hours of work for overtime purposes for three years after the last day that work was performed under these agreements. For more detailed information regarding an employer’s
rights and responsibilities under the ESA please, employers are encouraged
to the Ministry of Labour’s Employer Guide at Family Medical
Leave All employees, whether fulltime or part-time, permanent or contract, who are covered by the Employment Standards Act, 2000 are entitled to Family Medical Leave. The eligible family members for whom an employee can take Family Medical Leave to assist have been: the employee’s spouse (including same-sex partner); a parent, step-parent or foster parent of the employee; a child, step-child or foster child of the employee or the employee’s spouse. In November 2006 the government expanded the list which now includes the following people: siblings; grandparents, grandchildren; certain in-laws; aunts and uncles; nieces and nephews; certain step-relationships; a person who considers the employee to be like a family member (this requires completion of the federal “Compassionate Care Benefits Attestation” document). A medical certificate issued by a qualified health practitioner stating that the family member has a serious medical condition with a significant risk of death within 26 weeks is required. An employer can request these documents from an employee who is taking Family Medical Leave to confirm the employee’s eligibility. WSIB
On June 8, the Workplace Safety and Insurance Board (WSIB) announced 2008 premium rates, and for the second year in a row the WSIB has announced a zero per cent increase for the average premium rate which will remain at $2.26 per $100 of insurable earnings. This is a huge win for the business community. The ORHMA is a founding and executive member of the Ontario Business Coalition (OBC), a group of more than 30 industry associations representing the interests of the employer community regarding WSIB issues. The ORHMA and the OBC have held numerous meetings with the Minister of Labour as well as the Chair and President of the WSIB to lobby for a zero per cent increase to the average premium rate. Rate Group 919: Restaurants and Catering: For the second consecutive year there will be a zero per cent increase to premium rates for rate group 919, and the rate will remain at $1.65 per $100 of insurable earnings. Rate Group 921: Hotels, Motels & Camping: It is proposed that Rate Group 921 will see a 1.1% increase to premium rates, the second consecutive increase. Rates will increase to $2.68 per $100 of insurable earnings, up from $2.65. Increases in the accommodations sector are related to an increase in the frequency, number and severity of claims.
The ORHMA will continue to work with our members and partners in the field of occupational health and safety to ensure that employers have access to resources to assist them in reducing workplace injury, lost time and claim rates. Later in June the WSIB will present information sessions on preliminary
2008 premium rates for employers and their representatives. For more information please contact Michelle Saunders,
ORHMA Manager of Government Relations, at 1-800-668-8906 ext.
307
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