The Ontario government will be amending its Employment Standards Act, 2000 and the Labour Relations Act, 1995,referred to as the “Fair Workplaces, Better Jobs Act, 2017” (“Bill 148”).
The following are a few of the proposed changes. It will be taking into effect on January 2018:
- Vacation Entitlement Increase: Minimum vacation entitlement for workers would rise from two to three weeks per year (after five years with the same employer)
- Public Holiday Pay: Calculation changes for public holiday pay that refer to regular wages in the pay period before the holiday divided by the days worked (rather than a four-week period of regular wages divided by 20)
- Overtime: The Mixed Hourly Rate (a weighted average established for employees with multiple rates) would be eliminated in favour of paying overtime at the rate of the work performed after the weekly threshold is reached
- Personal Emergency Leave: all workers will be given 10 personal emergency leave days per year – and a minimum of two days would be paid. Further, employees will not have to provide employers with a sick leave note when requesting personal leave.
- Advance notice: Employers must offer employees advance notice of 96 hours or be subject to refusal
- Three-Hour Rule: Removal of minimum wage component – Rather than topping up shifts less than three hours to three times the minimum wage, as proposed, eligible employees would be entitled to three times the regular rate
- Three-Hour Rule: Broader application – The rule would extend to unworked on-call situations and when shifts are cancelled within 48 hours of the scheduled start time
For more information on Bill 148, click here