The Worker's Action Centre has released a new video as part of its "Stop Wage Theft" Campaign in Ontario that was launched in May. The entire press release is available here.
Lilliane and Vivian worked as caregivers and faced unpaid wages, long hours and no overtime. They were forced to take court action to recover over $217,000 in unpaid wages and over $137,000 for wrongful dismissal. This is wage theft.
Recently, Lilliane and Vivian spoke out publicly against wage theft at and press conference. Their stories were featured in a front page Toronto Star article and in widespread media coverage. The Minister of Labour was forced to respond publicly.
Many caregivers give up their lives to care for other people's children and elderly or ill family members. And unfortunately, it's an all too common reality that they don't get paid for excess hours and other basic entitlements under the law. Through actions like Lilliane and Vivian's the Workers' Action Centre's campaign is building momentum. Click here to watch Lilliane and Vivian tell their stories about standing up against wage theft for all caregivers in the latest Stop Wage Theft Video.
Click here to read our past blog post about Lilliane and Vivian's story.
Go to the Workers' Action Centre.
Showing posts with label Employment Standards. Show all posts
Showing posts with label Employment Standards. Show all posts
Tuesday, August 2, 2011
Thursday, June 30, 2011
Provincially Regulated Employees - Part 6: Have You Been Dismissed?
In this final component of our six-part blog series outlining the workplace rights and obligations for both federal and provincial employees, we look at the Employment Standards Act protections and procedures available for employees who have been terminated.
Dismissal/Termination of Employment
As a provincially regulated employee, you are entitled to written notice prior to your dismissal . The notice period required under the ESA is generally determined by how long you were employed.
For example, in Ontario, any employee with 1 year or less of service is entitled to at least 1 week of notice or payment in lieu of notice. You are not entitled to any notice if you were terminated during probation (less than 3 months). At least 2 weeks of notice or payment in lieu of notice must be given to employees with 1-3 years of service; at least 3 weeks for service between 3-4 years and so on up to at least 8 weeks of notice or payment in lieu of notice if the employee has served 8 years or more. If you did not receive the appropriate notice period prior to your termination, you are entitled to a lump sum payment equal to the regular wages for a regular work week that you would have otherwise been entitled to during the written notice period. You also earn vacation pay on your termination pay, and your employer must continue to make whatever contributions would be required to maintain your benefits that you would have been entitled to if you had continued to work through the notice period.
An online calculator is available here if you are interested in calculating how much termination pay you should have received from your Employer. Your employer must pay you your termination pay on the later of either seven days after your employment is terminated or on your next regular pay date.
In Ontario, if you worked for a business which had a payroll of over $2.5 million and you worked there for at least five years, you are also entitled to severance pay. An online calculator is available here if you are interested in finding out how much Severance Pay you are owed.
Exemptions
Importantly, even if your profession is listed under the ESA exemptions in Part 2 of this series, you are still entitled to the minimum termination. Only construction workers on buildings, sewers, pipelines, and tunnels cannot claim severance pay, and only construction employees involved in road building or working on sewers and watermains are prohibited from claiming both severance pay and termination notice and pay.
If you are guilty of willful misconduct, disobedience or willful neglect of duty that is not trivial and has not been condoned by the employer, or if you refused an offer of “reasonable alternative employment” by your former employer, you are not entitled to notice, termination pay or severance pay.
Filing an Employment Standards Claim
If you believe that your employer is not following the ESA, you should discuss the matter with your employer. There is also a self-help kit available on the Ministry of Labour website which can help you identify and resolve any problems you might have regarding unpaid wages, public holiday pay, overtime, minimum wage, termination notice or pay in lieu and severance pay. If you are unable to resolve the matter with your employer, you may file an Employment Standards Claim. You must complete a claim form, which you can obtain from the Ministry of Labour’s website, by mail or in person at a Service Ontario Centre.
If you are filing a claim because you did not receive reasonable notice of termination or pay in lieu of notice, you must file the claim within 6 months of the date your wages were due. It is free to file a claim, and the maximum amount of money that your former employer can be ordered to pay is $10,000.
Concluding Note
For more information on your rights and obligations as an employee in a provincially regulated industry, please contact your nearest Employment Standards Office at 1-800-531-5551. You can also visit the Employment Standards Office website.
Dismissal/Termination of Employment
As a provincially regulated employee, you are entitled to written notice prior to your dismissal . The notice period required under the ESA is generally determined by how long you were employed.
For example, in Ontario, any employee with 1 year or less of service is entitled to at least 1 week of notice or payment in lieu of notice. You are not entitled to any notice if you were terminated during probation (less than 3 months). At least 2 weeks of notice or payment in lieu of notice must be given to employees with 1-3 years of service; at least 3 weeks for service between 3-4 years and so on up to at least 8 weeks of notice or payment in lieu of notice if the employee has served 8 years or more. If you did not receive the appropriate notice period prior to your termination, you are entitled to a lump sum payment equal to the regular wages for a regular work week that you would have otherwise been entitled to during the written notice period. You also earn vacation pay on your termination pay, and your employer must continue to make whatever contributions would be required to maintain your benefits that you would have been entitled to if you had continued to work through the notice period.
An online calculator is available here if you are interested in calculating how much termination pay you should have received from your Employer. Your employer must pay you your termination pay on the later of either seven days after your employment is terminated or on your next regular pay date.
In Ontario, if you worked for a business which had a payroll of over $2.5 million and you worked there for at least five years, you are also entitled to severance pay. An online calculator is available here if you are interested in finding out how much Severance Pay you are owed.
Exemptions
Importantly, even if your profession is listed under the ESA exemptions in Part 2 of this series, you are still entitled to the minimum termination. Only construction workers on buildings, sewers, pipelines, and tunnels cannot claim severance pay, and only construction employees involved in road building or working on sewers and watermains are prohibited from claiming both severance pay and termination notice and pay.
If you are guilty of willful misconduct, disobedience or willful neglect of duty that is not trivial and has not been condoned by the employer, or if you refused an offer of “reasonable alternative employment” by your former employer, you are not entitled to notice, termination pay or severance pay.
Filing an Employment Standards Claim
If you believe that your employer is not following the ESA, you should discuss the matter with your employer. There is also a self-help kit available on the Ministry of Labour website which can help you identify and resolve any problems you might have regarding unpaid wages, public holiday pay, overtime, minimum wage, termination notice or pay in lieu and severance pay. If you are unable to resolve the matter with your employer, you may file an Employment Standards Claim. You must complete a claim form, which you can obtain from the Ministry of Labour’s website, by mail or in person at a Service Ontario Centre.
If you are filing a claim because you did not receive reasonable notice of termination or pay in lieu of notice, you must file the claim within 6 months of the date your wages were due. It is free to file a claim, and the maximum amount of money that your former employer can be ordered to pay is $10,000.
Concluding Note
For more information on your rights and obligations as an employee in a provincially regulated industry, please contact your nearest Employment Standards Office at 1-800-531-5551. You can also visit the Employment Standards Office website.
Wednesday, June 29, 2011
Provincially Regulated Employees - Part 5: Your Basic Rights
Hours of Work
Under the Employment Standards Act, the maximum number of hours you can be required to work in a day is 8 hours, and the maximum per week is 48 hours. You and your employer can, however, agree in writing to work more than this. You must also receive at least 11 consecutive hours off work each day and if you are a shift worker, you must have at least 8 hours off work between shifts. This requirement doesn’t apply if the total time you would have worked on both shifts is less than 13 hours.
If you are a “homemaker” who has been hired by a third party to perform domestic services for a family in a private residence, you are not entitled to work (or be paid) for more than 12 hours per day.
Breaks
You are entitled to a 30 minute meal break if you work five hours in a row, but this break is unpaid, is not considered “hours of work” and cannot be counted towards overtime. Your employer is not required to give you a coffee or cigarette breaks.
Overtime
Overtime begins after you have worked 44 hours in a work week, and is calculated at one and half times your regular rate of pay.
Your employer can’t force you to work overtime, but you and your employer can agree to a longer week. Liquor servers, hotel, resort and restaurant employees must also work a minimum of 50 hours per week in order to qualify for overtime pay.
If you are a construction worker involved in “road building”, your overtime doesn’t begin until you have worked 50 hours, and if the road-building is on streets, parking lots or highways, you must work at least 55 hours to receive overtime pay. If you are a construction worker doing on-site road maintenance, you are also not entitled to overtime unless you have worked at least 55 hours per week.
Reporting Pay – the “Three Hour Rule”
When you are required to report to work for a shift that is three hours or longer, but you work fewer than three hours, you are entitled to the greater of a) three hours’ pay at Minimum Wage or b) your regular wage for the time worked. The “Three Hour Rule” does not apply if you are a student, or if you were scheduled to work fewer than three hours.
Statutory Holidays
Unless your occupation fell within the list of exemptions described in Part 4 of this blog series, you are entitled to take the 9 public holidays in Ontario off work and to be paid public holiday pay for each of these days. Your employer should calculate your public holiday pay, but for your own information, the amount is calculated by adding all the regular wages you earned in the four weeks before the work week with the public holiday, plus all the vacation pay owed to you with respect to those four work weeks, divided by 20. There is an online calculator available here.
If you agree in writing to work on the holiday, you should be paid either public holiday pay plus premium pay (one and one-half times your regular rate of pay) for the hours worked or your regular pay, and you can receive another day off (a “substitute” holiday) with holiday pay.
Sick Leave/Personal Emergency Leave
Unlike federal employees, who are entitled to sick leave under the Canada Labour Code, if you are a provincially regulated employee, you must rely on whatever sick policy your employer created and wrote into your employment contract. There are, however, “Personal Emergency Leave” provisions in the ESA, which, if there are 50 or more employees at your place of work, can provide you with up to 10 days off every calendar year if you are ill, or if a member of your family has a medical emergency. You may also take Personal Emergency Leave for pre-planned (elective) surgery, but it cannot be for unnecessary cosmetic surgery unrelated to an illness or injury. Furthermore, you may be eligible for Personal Emergency Leave because of an “urgent matter”. You must inform your employer before starting the leave that you will be taking the leave or, if you are unable to do this, you must inform your employer as soon as you can. You do not have to give notice in writing; oral notice is sufficient.
If a loved one becomes ill, you may apply for “Family Emergency Leave” which allows for all employees to apply for up to 8 weeks of time off to care for and to support a “family member” who is seriously ill. “Family member” includes your spouse, parent or child.
Maternity and Parental Leave
If you have worked for at least 13 weeks, you can take up to 17 weeks of unpaid leave with benefits, so long as you provide your employer with two weeks’ written notice of your intention to leave. New parents who have worked for 13 weeks may take 35 weeks unpaid “parental leave”, and they may take 37 weeks if the mother did not take her maternity leave. Two weeks’ written notice to your employer is also required for parental leave. You may take both maternity and parental leave, and the period of maternity and parental leave is included when you calculate your length of employment, service and seniority. Your employer is not allowed to “punish” you for taking pregnancy or parental leave, and your employer must offer you, upon your return, the same job, or a comparable job with equivalent wages and benefits.
Final instalment – Part 6: Have You Been Dismissed?
Under the Employment Standards Act, the maximum number of hours you can be required to work in a day is 8 hours, and the maximum per week is 48 hours. You and your employer can, however, agree in writing to work more than this. You must also receive at least 11 consecutive hours off work each day and if you are a shift worker, you must have at least 8 hours off work between shifts. This requirement doesn’t apply if the total time you would have worked on both shifts is less than 13 hours.
If you are a “homemaker” who has been hired by a third party to perform domestic services for a family in a private residence, you are not entitled to work (or be paid) for more than 12 hours per day.
Breaks
You are entitled to a 30 minute meal break if you work five hours in a row, but this break is unpaid, is not considered “hours of work” and cannot be counted towards overtime. Your employer is not required to give you a coffee or cigarette breaks.
Overtime
Overtime begins after you have worked 44 hours in a work week, and is calculated at one and half times your regular rate of pay.
Your employer can’t force you to work overtime, but you and your employer can agree to a longer week. Liquor servers, hotel, resort and restaurant employees must also work a minimum of 50 hours per week in order to qualify for overtime pay.
If you are a construction worker involved in “road building”, your overtime doesn’t begin until you have worked 50 hours, and if the road-building is on streets, parking lots or highways, you must work at least 55 hours to receive overtime pay. If you are a construction worker doing on-site road maintenance, you are also not entitled to overtime unless you have worked at least 55 hours per week.
Reporting Pay – the “Three Hour Rule”
When you are required to report to work for a shift that is three hours or longer, but you work fewer than three hours, you are entitled to the greater of a) three hours’ pay at Minimum Wage or b) your regular wage for the time worked. The “Three Hour Rule” does not apply if you are a student, or if you were scheduled to work fewer than three hours.
Statutory Holidays
Unless your occupation fell within the list of exemptions described in Part 4 of this blog series, you are entitled to take the 9 public holidays in Ontario off work and to be paid public holiday pay for each of these days. Your employer should calculate your public holiday pay, but for your own information, the amount is calculated by adding all the regular wages you earned in the four weeks before the work week with the public holiday, plus all the vacation pay owed to you with respect to those four work weeks, divided by 20. There is an online calculator available here.
If you agree in writing to work on the holiday, you should be paid either public holiday pay plus premium pay (one and one-half times your regular rate of pay) for the hours worked or your regular pay, and you can receive another day off (a “substitute” holiday) with holiday pay.
Sick Leave/Personal Emergency Leave
Unlike federal employees, who are entitled to sick leave under the Canada Labour Code, if you are a provincially regulated employee, you must rely on whatever sick policy your employer created and wrote into your employment contract. There are, however, “Personal Emergency Leave” provisions in the ESA, which, if there are 50 or more employees at your place of work, can provide you with up to 10 days off every calendar year if you are ill, or if a member of your family has a medical emergency. You may also take Personal Emergency Leave for pre-planned (elective) surgery, but it cannot be for unnecessary cosmetic surgery unrelated to an illness or injury. Furthermore, you may be eligible for Personal Emergency Leave because of an “urgent matter”. You must inform your employer before starting the leave that you will be taking the leave or, if you are unable to do this, you must inform your employer as soon as you can. You do not have to give notice in writing; oral notice is sufficient.
If a loved one becomes ill, you may apply for “Family Emergency Leave” which allows for all employees to apply for up to 8 weeks of time off to care for and to support a “family member” who is seriously ill. “Family member” includes your spouse, parent or child.
Maternity and Parental Leave
If you have worked for at least 13 weeks, you can take up to 17 weeks of unpaid leave with benefits, so long as you provide your employer with two weeks’ written notice of your intention to leave. New parents who have worked for 13 weeks may take 35 weeks unpaid “parental leave”, and they may take 37 weeks if the mother did not take her maternity leave. Two weeks’ written notice to your employer is also required for parental leave. You may take both maternity and parental leave, and the period of maternity and parental leave is included when you calculate your length of employment, service and seniority. Your employer is not allowed to “punish” you for taking pregnancy or parental leave, and your employer must offer you, upon your return, the same job, or a comparable job with equivalent wages and benefits.
Final instalment – Part 6: Have You Been Dismissed?
Friday, June 24, 2011
Provincially Regulated Employees - Part 4: What Legislation Applies to You?
If your job did not fall under any of the “federally regulated” categories described in the first instalment of this six-part blog series educating workers about workplace rights and obligations, you are probably a “provincially regulated” employee, and the legislation which applies to you is the Employment Standards Act (“ESA”). The ESA contains the minimum guarantees and protections for you as a worker in Ontario but it is important to note there are many occupations which are exempt from ESA protection or which have “special” applicable rules.
If your job falls in the list below, most provisions in Employment Standards Act do not apply to you, with the exception of minimum wage and the termination provisions, which are still applicable.
Managers and supervisors
Farm workers
Crown employees
Fire fighters, Paramedics
Taxi drivers
Hunting and Fishing guides
Salespersons on commission (who sell away from employer’s office, incl. real estate salespeople or brokers)
“Category 1 Professionals” and students in these professions (information technology, engineers, lawyers, accountants, surveyors, massage therapists, optometrists, pharmacists, physiotherapists, chiropractors, doctors, psychologists and architects)
Minimum Wage
The General Minimum Wage in Ontario is $10.25 per hour but if you serve alcohol at a license establishment, you are entitled only to $8.90 per hour. The Student Minimum Wage, which applies to students under the age of 18 who work 28 hours a work or less when school is in session, during a break or the summer, is $9.60 per hour.
Finally, if you are a “Homeworker” and you are paid to do work in your own home (i.e. word processing, telephone soliciting, sewing, manufacturing or who prepare food for resale), the Employment Standards Act guarantees you 110% of the General Minimum Wage or $11.28 per hour.
Next instalment – Part 5: Your Basic Rights
Thursday, June 23, 2011
Federally Regulated Employees - Part 3: Have You Been Dismissed?
In this final installment of the trilogy outlining your workplace rights and obligations as a federally regulated employee, we look at the Canada Labour Code provisions dealing with dismissal and termination. As a federally regulated employee, you can be terminated for just cause, without notice.
If, however, you are terminated without cause, your employer must provide you with two weeks written notice or two weeks’ pay in lieu of notice. Furthermore, if you have completed 1 year of continuous service and you were fired, you are also entitled to “Severance Pay” in the (greater of) two days of pay per year of service or five days’ pay. If you quit, you are not entitled to Severance Pay.
If you did not receive notice or your proper financial entitlement, and you meet the following four criteria, you have 90 days from the date of your dismissal to file a complaint to Labour Canada under Section 240 of the CLC for “unjust dismissal”.
· You were not a manager
· Your termination wasn’t due to a genuine redundancy or a discontinuance of your position.
· You worked continuously for more than 1 year.
· You were not a member of a union.
Potential remedies are broader than those available to provincial employees (who fall under the Employment Standards Act- see “Know Your Rights: Provincially Regulated Employees”) and include: lost wages and benefits since termination plus interest, reinstatement, legal costs, a letter of reference and/or “any other like thing that it is equitable to require the employer to do in order to remedy or counteract any consequence of the dismissal”.
Concluding Note
For more information on your rights and obligations as an employee in a federally regulated industry, please contact the nearest Human Resources and Skills Development Canada Labour Office at 1-800-641-4049.
You can also visit the HRSDC website: http://www.hrsdc.gc.ca/eng/labour/index.shtml.
Next instalment: Provincially Regulated Employees - Part 4: What Legislation Applies to You?
If, however, you are terminated without cause, your employer must provide you with two weeks written notice or two weeks’ pay in lieu of notice. Furthermore, if you have completed 1 year of continuous service and you were fired, you are also entitled to “Severance Pay” in the (greater of) two days of pay per year of service or five days’ pay. If you quit, you are not entitled to Severance Pay.
If you did not receive notice or your proper financial entitlement, and you meet the following four criteria, you have 90 days from the date of your dismissal to file a complaint to Labour Canada under Section 240 of the CLC for “unjust dismissal”.
· You were not a manager
· Your termination wasn’t due to a genuine redundancy or a discontinuance of your position.
· You worked continuously for more than 1 year.
· You were not a member of a union.
Potential remedies are broader than those available to provincial employees (who fall under the Employment Standards Act- see “Know Your Rights: Provincially Regulated Employees”) and include: lost wages and benefits since termination plus interest, reinstatement, legal costs, a letter of reference and/or “any other like thing that it is equitable to require the employer to do in order to remedy or counteract any consequence of the dismissal”.
Concluding Note
For more information on your rights and obligations as an employee in a federally regulated industry, please contact the nearest Human Resources and Skills Development Canada Labour Office at 1-800-641-4049.
You can also visit the HRSDC website: http://www.hrsdc.gc.ca/eng/labour/index.shtml.
Next instalment: Provincially Regulated Employees - Part 4: What Legislation Applies to You?
Wednesday, June 22, 2011
Federally Regulated Employees - Part 2: Your Basic Rights
Hours of Work
The Canada Labour Code defines a work day as 8 hours, and a work week as 40 hours per week. Hours worked in excess of 40 hours per week (“overtime”) should be paid at a rate of not less than one-half times the regular rate of pay, and you can’t be required to work more than 48 hours per week.
Reporting Pay
If you show up to work at the request of your employer, you are entitled to a minimum of 3 hours of regular pay, even if there is no work to perform.
Statutory Holidays
Under the CLC, you are entitled to 9 paid statutory holidays per year. If a holiday falls on your day off, you are still entitled to holiday pay. You and your employer can add a day to your annual vacation or your employer can grant you a holiday with pay on a mutually agreeable day. When New Year’s Day, Canada Day, Remembrance Day, Christmas Day or Boxing Day fall on a weekend day that is a non-working day, you are entitled to a holiday with pay on the work day that immediately precedes or follows the holiday. The next statutory holiday will be Canada Day.
Sick Leave
As a federally regulated employee, you are protected for absences not exceeding 12 weeks and you will be required to provide a medical certificate after you have returned to work. The CLC protects you against dismissal, demotion, layoff or suspension because of an absence due to illness or injury. If a loved one becomes ill, you may apply for “Compassionate Care Leave” which allows for all employees to apply for up to 8 weeks of time off to care for and to support a family member who is seriously ill.
Maternity and Parental Leave
You are entitled to up to 17 weeks of maternity leave if you have completed 6 consecutive months of continuous employment. You can take this leave any time during the period that begins 11 weeks before your expected date of delivery and ends 17 weeks after the actual delivery date. You must provide your employer with written notice of your intent to take your maternity leave at least four weeks prior to your maternity leave. You and your spouse are also entitled to a maximum of 37 weeks of “parental leave” which can be shared in any proportion, so long as the aggregate is less than 52 weeks. For example, a woman who has opted to take the entire 17 week entitlement of maternity leave may only claim a maximum of 35 weeks parental leave.
Next instalment - Part 3: Have You Been Dismissed?
The Canada Labour Code defines a work day as 8 hours, and a work week as 40 hours per week. Hours worked in excess of 40 hours per week (“overtime”) should be paid at a rate of not less than one-half times the regular rate of pay, and you can’t be required to work more than 48 hours per week.
Reporting Pay
If you show up to work at the request of your employer, you are entitled to a minimum of 3 hours of regular pay, even if there is no work to perform.
Statutory Holidays
Under the CLC, you are entitled to 9 paid statutory holidays per year. If a holiday falls on your day off, you are still entitled to holiday pay. You and your employer can add a day to your annual vacation or your employer can grant you a holiday with pay on a mutually agreeable day. When New Year’s Day, Canada Day, Remembrance Day, Christmas Day or Boxing Day fall on a weekend day that is a non-working day, you are entitled to a holiday with pay on the work day that immediately precedes or follows the holiday. The next statutory holiday will be Canada Day.
Sick Leave
As a federally regulated employee, you are protected for absences not exceeding 12 weeks and you will be required to provide a medical certificate after you have returned to work. The CLC protects you against dismissal, demotion, layoff or suspension because of an absence due to illness or injury. If a loved one becomes ill, you may apply for “Compassionate Care Leave” which allows for all employees to apply for up to 8 weeks of time off to care for and to support a family member who is seriously ill.
Maternity and Parental Leave
You are entitled to up to 17 weeks of maternity leave if you have completed 6 consecutive months of continuous employment. You can take this leave any time during the period that begins 11 weeks before your expected date of delivery and ends 17 weeks after the actual delivery date. You must provide your employer with written notice of your intent to take your maternity leave at least four weeks prior to your maternity leave. You and your spouse are also entitled to a maximum of 37 weeks of “parental leave” which can be shared in any proportion, so long as the aggregate is less than 52 weeks. For example, a woman who has opted to take the entire 17 week entitlement of maternity leave may only claim a maximum of 35 weeks parental leave.
Next instalment - Part 3: Have You Been Dismissed?
Federally Regulated Employees - Part 1: What Legislation Applies to You?
Corinna Traill
With the Canadian Union of Postal Workers currently out on strike and the federal Air Canada employees legislated back to work last week, this is a good time to start thinking about your workplace rights. This is the first instalment of a six-part “Know Your Rights” blog series describing the workplace rights and obligations for both federally and provincially regulated employees.
First, you must first determine which legislation applies to ¬you.
If you work in an industry that falls into any of the following categories, then you are part of the 10% of Canadian workers who are “federally regulated” and whose workplace rights and obligations are described in the Canada Labour Code (“CLC”). Interestingly, Ontario has a higher portion of federally regulated employees (40%) than any other region in the country!
Federally regulated industries include:
• Banking (bank tellers)
• Telecommunications (telephone and cable companies, radio and television broadcasting)
• Canada Post
• Pipelines
• Air Transportation (airport and airline employees)
• Railway and Road Transportation (GO, CN and VIA Rail employees, truck drivers)
• Customs
Next instalment – Part 2: Your Basic Rights
With the Canadian Union of Postal Workers currently out on strike and the federal Air Canada employees legislated back to work last week, this is a good time to start thinking about your workplace rights. This is the first instalment of a six-part “Know Your Rights” blog series describing the workplace rights and obligations for both federally and provincially regulated employees.
First, you must first determine which legislation applies to ¬you.
If you work in an industry that falls into any of the following categories, then you are part of the 10% of Canadian workers who are “federally regulated” and whose workplace rights and obligations are described in the Canada Labour Code (“CLC”). Interestingly, Ontario has a higher portion of federally regulated employees (40%) than any other region in the country!
Federally regulated industries include:
• Banking (bank tellers)
• Telecommunications (telephone and cable companies, radio and television broadcasting)
• Canada Post
• Pipelines
• Air Transportation (airport and airline employees)
• Railway and Road Transportation (GO, CN and VIA Rail employees, truck drivers)
• Customs
Next instalment – Part 2: Your Basic Rights
Monday, May 30, 2011
Government pledges to help workers cheated by employers
Workers who have been victims of “wage theft” and other workplace mistreatment must not be afraid to come forward, Ontario Labour Minister Charles Sousa said Monday.
“I say this to those that are feeling intimidated: Call the ministry,” Sousa said in response to a report about two nannies who together are owed more than $200,000 in unpaid wages, overtime and holiday pay from their employers.
“We will react and we will ensure that their issues are covered and do everything in our power to protect them,” Sousa said.
Read the full story in the Toronto Star
“I say this to those that are feeling intimidated: Call the ministry,” Sousa said in response to a report about two nannies who together are owed more than $200,000 in unpaid wages, overtime and holiday pay from their employers.
“We will react and we will ensure that their issues are covered and do everything in our power to protect them,” Sousa said.
Read the full story in the Toronto Star
Caregiver sues former employer, claiming $162,000 in lost wages
At 21, Lilliane Namukasa left Uganda to make a new life in Canada as a live-in caregiver for two small children.
But after working full-time for two years, she was paid just $2,100 by her Brampton employer and then fired without cause, forcing her into a homeless shelter, Namukasa says in a claim filed in Ontario Superior Court.
This is despite an employment contract that entitled Namukasa to receive approximately $22,000 a year, before taxes, minus $2,860 for room and board, she says in the claim.
Namukasa is seeking $162,000 for breach of contract and unpaid wages, statutory holiday pay and vacation pay. She is further claiming $33,000 for wrongful dismissal.
The allegations have not been proved in court.
The Workers’ Action Centre, a non-profit worker-based organization, says the case is one more example of wage theft faced by Ontario’s most vulnerable workers.
The centre, which is holding a Queen’s Park news conference Monday, is highlighting Namukasa’s plight and that of another live-in caregiver, as part of its campaign to beef up the province’s outdated Employment Standards Act.
“Workers should not be forced to take court action to recover unpaid wages, overtime and other employment standards entitlements,” says the centre’s coordinator Deena Ladd.
Read the article in the Toronto Star
Go to the Workers' Action Centre
But after working full-time for two years, she was paid just $2,100 by her Brampton employer and then fired without cause, forcing her into a homeless shelter, Namukasa says in a claim filed in Ontario Superior Court.
This is despite an employment contract that entitled Namukasa to receive approximately $22,000 a year, before taxes, minus $2,860 for room and board, she says in the claim.
Namukasa is seeking $162,000 for breach of contract and unpaid wages, statutory holiday pay and vacation pay. She is further claiming $33,000 for wrongful dismissal.
The allegations have not been proved in court.
The Workers’ Action Centre, a non-profit worker-based organization, says the case is one more example of wage theft faced by Ontario’s most vulnerable workers.
The centre, which is holding a Queen’s Park news conference Monday, is highlighting Namukasa’s plight and that of another live-in caregiver, as part of its campaign to beef up the province’s outdated Employment Standards Act.
“Workers should not be forced to take court action to recover unpaid wages, overtime and other employment standards entitlements,” says the centre’s coordinator Deena Ladd.
Read the article in the Toronto Star
Go to the Workers' Action Centre
Friday, May 13, 2011
Workers’ Action Centre Launches “Stop Wage Theft” Campaign
On Friday May 13th, 2011, the Workers’ Action Centre, worker-based organization committed to improving the lives and working conditions of people working in low-wage and unstable employment, will be launching its provincial “Stop Wage Theft” Campaign.
The campaign is directed at pressuring the government to protect workers by prohibiting employers from “stealing” wages through non-payment of regular or overtime wages, from charging fees for job training and from characterizing employees as “independent contractors” or “self employed” when, in fact, workers are employees of the particular employer!
Indeed, many companies, especially in the construction, cleaning and door-to-door sales industries, will falsely describe employees as “independent contractors” in order to deprive them of the many protections owed under Canadian labour legislation including minimum wage, overtime and Employment Insurance
This initiative by the Workers’ Action Centre is consistent with similar campaigns launched in the United States, where many states have, in response to public and political pressure to crack down on “bad employers”, enacted Wage Theft laws.
The Stop Wage Theft Campaign Calls on the Provincial Government to…
If you wish to report an instance of “Wage Theft” in your workplace, call the WAC hotline at (416) 531-0778.
The campaign is directed at pressuring the government to protect workers by prohibiting employers from “stealing” wages through non-payment of regular or overtime wages, from charging fees for job training and from characterizing employees as “independent contractors” or “self employed” when, in fact, workers are employees of the particular employer!
Indeed, many companies, especially in the construction, cleaning and door-to-door sales industries, will falsely describe employees as “independent contractors” in order to deprive them of the many protections owed under Canadian labour legislation including minimum wage, overtime and Employment Insurance
This initiative by the Workers’ Action Centre is consistent with similar campaigns launched in the United States, where many states have, in response to public and political pressure to crack down on “bad employers”, enacted Wage Theft laws.
The Stop Wage Theft Campaign Calls on the Provincial Government to…
- Make all employers follow the law in all workplaces
- Update labour laws to protect all workers
- Increase the minimum wage to bring workers out of poverty
- Ensure equal status and protection for all workers regardless of immigration status
- Fix Employment Insurance
If you wish to report an instance of “Wage Theft” in your workplace, call the WAC hotline at (416) 531-0778.
Wednesday, April 20, 2011
Employee fired for cause still gets $25,000
From Moneyville.ca:
In an unusual case, a court awarded a big chunk of cash to a man who was fired for being persistently late for work and making defective airplane parts. This decision highlights the difference in the common law and statutory definitions of "just cause" for termination.
Ontario Superior Court Justice Haines ruled that although Stephanus Oosterbosch was fired for good reasons, he was entitled to both termination and severance pay under the Employment Standards Act (ESA) of over $25,000 in total.
Click here to read more.
In an unusual case, a court awarded a big chunk of cash to a man who was fired for being persistently late for work and making defective airplane parts. This decision highlights the difference in the common law and statutory definitions of "just cause" for termination.
Ontario Superior Court Justice Haines ruled that although Stephanus Oosterbosch was fired for good reasons, he was entitled to both termination and severance pay under the Employment Standards Act (ESA) of over $25,000 in total.
Click here to read more.
Friday, April 15, 2011
Migrant workers getting help
Local migrant workers could harvest some workplace improvements if an area legal agency has its way.
The Community Advocacy and Legal Clinic (CALC) has arranged with the Law Commission of Ontario to hold two consultations — one with service providers such as the Quinte United Immigrant Services and Hastings County Ontario Works and the other with vulnerable workers — to discuss the nuances of labour law and the enforcement of those laws might be improved to help workers who are vulnerable due to economic status, income level, gender, age and disability.
The closed consultation sessions began Wednesday. The sessions are aimed at providing input to the law commission to help tighten some sections and even loopholes in labour law as it pertains to vulnerable employees such as migrant workers.
Read the full story: Intelligencer
Read more about the Vulnerable Workers project from the Law Commission of Ontario
Thursday, February 17, 2011
Law Commission of Ontario Releases Consultation Paper on Vulnerable Workers in Ontario
Law Commission of Ontario Releases Consultation Paper on Vulnerable Workers in Ontario
The Law Commission of Ontario’s Vulnerable Workers and Precarious Work Project reviews the nature of precarious work, the identity of vulnerable workers, the existing protections and enforcement mechanisms for people engaged in these forms of paid work and the impact of precarious work on the daily lives of vulnerable workers and their families.
The LCO has prepared a Consultation Paper and more detailed Background Paper to identify issues and potential areas of reform, and to provide a focal point for discussion and consultation. Some people may choose to read only the Consultation Paper which is a freestanding document. The LCO is interested in hearing from anyone with an interest in these issues, including workers, employers, academics, government and the public at large.
For more information please go to the Law Commission of Ontairo
The Law Commission of Ontario’s Vulnerable Workers and Precarious Work Project reviews the nature of precarious work, the identity of vulnerable workers, the existing protections and enforcement mechanisms for people engaged in these forms of paid work and the impact of precarious work on the daily lives of vulnerable workers and their families.
The LCO has prepared a Consultation Paper and more detailed Background Paper to identify issues and potential areas of reform, and to provide a focal point for discussion and consultation. Some people may choose to read only the Consultation Paper which is a freestanding document. The LCO is interested in hearing from anyone with an interest in these issues, including workers, employers, academics, government and the public at large.
For more information please go to the Law Commission of Ontairo
2010-2011 Migrant Farm Worker Report Published
Report finds federal government complicit in Canada’s abuse of migrant farm workers
Canada’s most comprehensive annual report on the challenges facing migrant farm workers has been released. It confirms that abuse and exploitation of migrant farm workers are rampant in Canada’s agriculture industry.
The 2010-2011 Status of Migrant Farm Workers in Canada report is published by UFCW Canada and the Agriculture Workers Alliance (AWA). For more than two decades UFCW Canada has been a leading advocate for farm workers' rights, and in association with the AWA operates 10 agriculture worker support centres across Canada.
For the full report visit UFCW
Friday, December 10, 2010
Changes to the Employment Standards Claim process will impact workers
The Ministry of Labour will be introducing changes to the Employment Standards claims process on January 19, 2011. The Government is increasing the steps that workers must take before they can even file a claim.
The changes to the claims process put into effect the Government's Open for Business Act that passed October 21, 2010.
When considering whether to file a claim before or after January 19, 2011, you should consider that:
1) The new claims process will require workers to contact their employer to seek wages and entitlements owed under the Employment Standards Act before they will be allowed to file a claim at the Ministry of Labour. There will be some exceptions to this requirement. Workers will be required to report on the steps they have taken to enforce their rights with the employer on their claim form.
2) Workers will be required to provide, in writing, specified information and evidence for their complaint before the claim will be accepted for investigation.
Complaints for unpaid wages and employment standards rights will not proceed unless these steps are taken (with some exceptions). Claims that don't meet these requirements will be deemed withdrawn after 6 months.
The changes to the claims process put into effect the Government's Open for Business Act that passed October 21, 2010.
When considering whether to file a claim before or after January 19, 2011, you should consider that:
1) The new claims process will require workers to contact their employer to seek wages and entitlements owed under the Employment Standards Act before they will be allowed to file a claim at the Ministry of Labour. There will be some exceptions to this requirement. Workers will be required to report on the steps they have taken to enforce their rights with the employer on their claim form.
2) Workers will be required to provide, in writing, specified information and evidence for their complaint before the claim will be accepted for investigation.
Complaints for unpaid wages and employment standards rights will not proceed unless these steps are taken (with some exceptions). Claims that don't meet these requirements will be deemed withdrawn after 6 months.
Monday, August 9, 2010
Step backward in labour laws
Ontario's 700,000 temporary workers – the poorest, most insecure members of the labour force were jubilant when Premier Dalton McGuinty included them in his poverty strategy.
Fifteen months ago, the McGuinty government beefed up provincial employment standards, guaranteeing temp workers the right to holiday, severance and termination pay. The government also pledged to spend $10 million hiring new enforcement officers to protect precarious workers.
Now the temporary workers feel as if their victory is being snatched away, as the government proposes to “modernize” the Employment Standards Act. Under new rules, workers would be required to confront their boss about unpaid wages, overtime or other breaches of the law before filing a claim with the labor ministry.
Read the full article on the Toronto Star
Fifteen months ago, the McGuinty government beefed up provincial employment standards, guaranteeing temp workers the right to holiday, severance and termination pay. The government also pledged to spend $10 million hiring new enforcement officers to protect precarious workers.
Now the temporary workers feel as if their victory is being snatched away, as the government proposes to “modernize” the Employment Standards Act. Under new rules, workers would be required to confront their boss about unpaid wages, overtime or other breaches of the law before filing a claim with the labor ministry.
Read the full article on the Toronto Star
Tuesday, August 3, 2010
Bill 68: Workers forced to settle for less
Changes to Employment Standards under Bill 68 = More Barriers for Workers
Under Bill 68, Open for Business, the government is introducing changes to Employment Standards that are a huge step backward for workers. Instead of cracking down on bad bosses, Bill 68 will create more barriers for workers, while making it easier for employers to avoid paying what they are required to by law.
Mandatory self-enforcement of ESA rights :
- Bill 68 would require most workers to try and enforce their ESA rights with their boss before filing a claim.
Facilitated settlements:
- Bill 68 would give the power to the Ministry to settle claims for less than what workers are owed under the law.
Required information before a claim will be accepted:
- Bill 68 would require workers to provide information about their employer and arguments about their case before a claim will be accepted, without a commitment to provide support to workers filing claims.
Go the Workers' Action Centre to see how you can take Action.
Friday, July 23, 2010
Few aware of labour rights in Toronto’s Chinatown
Exploitation typical in other immigrant communities, labour activists say.
Read the Full Article on the Toronto Star
Read the Full Article on the Toronto Star
Thursday, December 10, 2009
Employment Standards Webinar
Our friends at CLEONet have graciously hosted our Employment Standards Webinar on their site. You can view the Webinar in its entirety below, or view it on CLEONet.
See also:
Monday, November 30, 2009
Workplace Bullying the fastest growing complaint in workplaces
Bullying is one of the fastest-growing complaints of workplace violence, according to the International Labour Office. It runs the gamut from extreme violence, even murder, to intimidation and snide remarks.
In Ontario, Bill 168, an amendment to the Occupational Health and Safety Act with respect to workplace violence and harassment, has received first reading and has been referred to the Standing Committee on Social Policy.
Read the article in The Toronto Star
In Ontario, Bill 168, an amendment to the Occupational Health and Safety Act with respect to workplace violence and harassment, has received first reading and has been referred to the Standing Committee on Social Policy.
Read the article in The Toronto Star
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