Tag archives: employment standards

Bill 47: Making Ontario Open for Business Act, 2018 – Employment Standards Act, 2000 Considerations

Overview On October 23, 2018, the Ontario Government announced its much anticipated legislation in relation to employment and labour law matters. The legislation, dubbed the Making Ontario Open for Business Act, 2018 (Bill 47), will remove or modify many of the obligations placed on Ontario employers by way of the Fair Workplaces, Better Jobs Act, … Continue reading

Bill 6 looks to broaden leave entitlements in British Columbia

On April 9, 2018, BC’s Minister of Labour introduced Bill 6, the Employment Standards Amendment Act, to the BC Legislature.  Bill 6 includes proposed amendments to the Employment Standards Act (“ESA”) to bring certain types of leave into line with the Federal government’s recent changes to the Employment Insurance Act so that employees are entitled to job protection under the … Continue reading

Singapore: Legal issues commonly faced by freelancers and self-employed individuals

An estimated 8 to 10% of Singapore’s existing workforce comprise freelancers and self-employed individuals.[1]  This percentage is likely to increase with the expansion of the gig and on-demand economy. In recent months, there has been increasing public concern as to the ‘employment’ rights and legal status of these freelancers and self-employed individuals. Are they employees … Continue reading

Le projet de loi sur la réforme de la LNT: quelles sont les conséquences pour les agences de placement?

Le projet de loi 176 intitulé « Loi modifiant la Loi sur les normes du travail et d’autres dispositions législatives afin principalement de faciliter la conciliation famille-travail » a été déposé par le gouvernement libéral à l’Assemblée nationale à la fin du mois de mars. Plusieurs de ses dispositions auront un impact significatif sur les agences de placement … Continue reading

The proposed bill to amend Québec’s labour standards: what are the effects on placement agencies?

The Act to amend the Act respecting labour standards and other legislative provisions (the bill) was tabled by the liberal government at the National Assembly at the end of March. Several provisions of this bill will have an impact on the businesses of personnel placement agencies. Here is our take on these issues. In a … Continue reading

Ontario Bill 148 reform and public holidays: a reminder

Since Ontario Family Day is coming on February 19, please take another look at our posts explaining how Bill 148 amended the public holiday provisions in the Ontario Employment Standards Act. As you may recall, there is a new formula for calculating public holiday pay, plus additional employer obligations when an employee works on a … Continue reading

Ontario Bill 148 Amendments and Public Holidays: What Else Has Changed?

Under the Ontario Employment Standards Act, 2000 (“ESA”) Ontario has nine public holidays: New Year’s Day, Family Day, Good Friday, Victoria Day, Canada Day, Labour Day, Thanksgiving Day, Christmas Day and Boxing Day (December 26).   Nothing in Bill 148 has changed that. Likewise, an employee who would otherwise be eligible to take the public holiday … 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

The German law on employee participation is compatible with European law

On July 18th 2017 the European Court of Justice (ECJ) held, that employees of a subsidiary located in the territory of another member state do not have the right to vote and stand as a candidate in elections of workers’ representatives on the supervisory board of the German parent company of that group and that such … 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
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