Tag archives: employment standards

Collective agreements may prevail over some Bill 148 scheduling provisions

Those of you who have been following this series of blogs will know that Bill 148 ESA amendments generally apply to unionized workplaces as of the effective date of the particular amendment.  There are a few limited exceptions, however. In yesterday’s post, we addressed how employers with unionized employees may find temporary relief from the … Continue reading

“Equal pay for equal work” provisions in a collective agreement may prevail over Bill 148 ESA amendments

As we explained in yesterday’s post, the Bill 148 amendments to the ESA minimum standards will generally apply to unionized workplaces as of the effective date of the particular amendment. However, there are two circumstances in which a collective agreement provision in effect on April 1, 2018 will temporarily prevail over certain Bill 148 amendments … Continue reading

Ontario Bill 148, as amended, cuts back on proposals authorizing the Board to review the structure of bargaining units

  Ontario is one of a few Canadian jurisdictions that does not give its labour board the general authority to review, consolidate and otherwise amend bargaining units.  In the Changing Workplaces Review Final Report, the special advisors recommended giving the Ontario Labour Relations Board (“Board”) the power to modify bargaining unit structures, if the Board … Continue reading

Proposed amendments to Ontario Bill 148 address security and confidentiality of employee lists disclosed during union campaigns 

The Fair Workplaces, Better Jobs Act, 2017 (Bill 148), introduced on June 1, 2017, proposed adding a new section 6.1 to provisions in the Ontario Labour Relations Act, 1995 (“LRA”) that address union campaigns to establish bargaining rights.  Headed “Establishment of Bargaining Rights by Certification”, the new section (which does not apply to the construction … Continue reading

Amendments to the Ontario Bill 148 include new entitlement to Domestic or Sexual Violence Leave

The version of Ontario Bill 148 introduced by Premier Wynne and Labour Minister Flynn in June included significant changes to the personal emergency leave (“PEL”) entitlement under the current Employment Standards Act, 2000 (“ESA”).  It eliminated the 50+ employee eligibility threshold, entitling all employees to 2 paid and 8 unpaid PEL days each calendar year.  … Continue reading

Update on Ontario Bill 148: Amendments to “equal pay for equal work” provisions provide some guidance for employers 

The Employment Standards Act, 2000 contemplates equal pay between the sexes. As we reported in June, Ontario Bill 148 proposes adding “new equal pay for equal work” provisions that mandate paying casual, part-time, temporary, and seasonal employees be paid the at the same rate as regular full-time employees who perform the same job for the … Continue reading

Status Update on Bill 148: The Overhaul of Ontario’s Labour and Employment Laws Continues

The Fair Workplaces, Better Jobs Act, 2017 (Bill 148) is the Ontario government’s blueprint for overhauling the province’s labour and employment laws.  Incorporating union-friendly changes to the Labour Relations Act, 1995 (LRA) and enhanced employee entitlements under the Employment Standards Act, 2000 (ESA), Bill 148 represents a wide swing to the left.  It passed First … Continue reading

The (latest) reform of the French employment code is ongoing

As part of candidate Emmanuel Macron’s program during the Presidential elections campaign, a substantial reform of the French employment Code was promised. After his election as President, French commentators anticipated new changes would be implemented quickly, given Emmanuel Macron’s indications that he wished to go ahead as soon as possible, without too much debate before … Continue reading

Do employees who are pregnant or on maternity leave enjoy any special protection in the event of redundancy in Germany?

This post was also contributed by Tony Rau, Trainee, Norton Rose Fulbright LLP (Munich). German law provides for extensive protection of pregnant employees and employees on leave in connection with pregnancy. Regarding the latter, German law distinguishes between maternity leave (i.e. 6 weeks before until 8 weeks after childbirth – or 6 weeks before until … Continue reading

Sweeping Changes to Ontario’s Labour and Employment Laws Proposed in OCW Final Report

Today the Government of Ontario released the much anticipated Changing Workplaces Review Final Report.  As special advisors C. Michael Mitchell and the Honourable John C. Murray note in their report, this is the first independent review in Canada to consider specific legislative changes to both employment standards and labour relations in a single process.  Their … Continue reading

Federal Government’s 2017 Budget Proposes Changes to Maternity and Parental Leave

The Liberal Government’s 2017 federal budget (“Budget 2017”) proposes changes that affect maternity and parental leaves and associated Employment Insurance (“EI”) benefits. Currently, EI combined parental and maternity benefits are available at the benefit rate of 55 per cent over a period of up to 12 months. Budget 2017 proposes that this option continue to … Continue reading

Update regarding protection against religion-based discrimination in France

In France, the issue of religious behavior in the workplace is extremely sensitive. The principle under French employment law is that while public sector employers are required to enforce a policy of strict neutrality, in private sector companies, a balance must be maintained between the principle of secularism and the prohibition of discrimination based on … Continue reading

Key French employment law developments in 2017

As 2017 is a Presidential election year in France, we do not expect major changes in employment legislation to occur in France in the near future.  However, this does not mean that French employment lawyers will be unoccupied. First and foremost, the El Khomri law (dated 8 August 2016), which significantly modified the employment law … Continue reading

New ESA Personal Emergency Leave and Daily Rest Period Provisions for Ontario’s Automotive Sector Now in Effect

On January 1, 2017, amendments to the personal emergency leave and daily rest period provisions under the Employment Standards Act, 2000 (the “ESA”) came into force with respect to the automotive sector. The amendment added section 4 to O Reg 502/06, “Terms and Conditions of Employment in Defined Industries – Automobile Manufacturing, Automobile Parts Manufacturing, … Continue reading

Geplantes Entgelttransparenzgesetz

Mit dem geplanten Entgelttransparenzgesetz will die Bundesregierung Lohnunterschiede zwischen Frauen und Männern abschaffen. Durchschnittlich ist die Vergütung von Frauen in gleichwertigen Positionen 7 Prozent niedriger als die von Männern. Dieser sogenannte „Gender Pay Gap“ soll mit dem am 11. Januar 2017 vom Bundeskabinett beschlossenen „Gesetz zur Förderung der Transparenz von Entgeltstrukturen“ bekämpft werden. Mehr zum … Continue reading

Recent changes to the law on the dismissal of severely disabled employees

In Germany, as of 1 January 2017, various amendments to the law on severely disabled persons came into force. Of particular importance is a new regulation relating to the dismissal of severely disabled employees. Until the recent changes came into force, before the dismissal of a severely disabled employee the representative body for severely disabled … Continue reading

What rights do workers have to rest breaks in Germany?

This post was also contributed by Sebastian Kutzner, Trainee, Norton Rose Fulbright LLP (Munich). Due to increasing demands for a work life balance, uncertainty as to employees’ rights to rest periods, in particular, is widespread. German law distinguishes between two types of rest periods: Rest breaks (to be granted during working time); and Resting time … Continue reading

OSHA workplace injury and illness tracking will go forward

Last week, a Texas federal judge handed the Occupational Safety & Health Administration (OSHA) a victory by refusing to grant an injunction that sought to delay the implementation of the Agency’s rule regarding workplace injuries and illnesses. The new rule, entitled “Improve Tracking of Workplace Injuries and Illness,” requires most employers to submit workplace injury … Continue reading

What rights and protections are there for part-time workers?

This post was also contributed by Dimitri Schaff, Trainee, Norton Rose Fulbright LLP (Munich). Currently, about one quarter of all employment relationships in Germany are based on part-time models, the proportion of part-time to full-time employees having increased by about 12 per cent since 2001. Furthermore, as a result of the implementation of the EU Part-time Workers … Continue reading

Employers entitled to Reasonable Notice

The B.C. Court of Appeal recently gave employers a much-needed reminder: they’re entitled to reasonable notice too. While most employees are familiar with the fact that they are entitled to reasonable notice if they’re terminated without cause, employers sometimes forget that the obligation works both ways. An employee cannot simply stop showing up to work … Continue reading
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