babble home
rabble.ca - news for the rest of us
today's active topics


Post New Topic  Post A Reply
FAQ | Forum Home
  next oldest topic   next newest topic
» babble   » walking the talk   » labour and consumption   » How would you edit "The Ontario Employment Standards Act"?

Email this thread to someone!    
Author Topic: How would you edit "The Ontario Employment Standards Act"?
Ward
rabble-rouser
Babbler # 11602

posted 02 October 2007 05:56 PM      Profile for Ward     Send New Private Message      Edit/Delete Post  Reply With Quote 
The Workplace Poster


What You Should Know About The Ontario Employment Standards Act
The Employment Standards Act, 2000, known as the ESA, is a law that sets minimum standards for fair
workplace practices in Ontario. If you work in Ontario, you are probably protected by the ESA. It does not cover
employees in federal jurisdiction and persons in a few other special categories. There are exceptions and
special rules for some employees.
Employers cannot intimidate, fi re, suspend, or otherwise punish an employee, or threaten any of these actions
because the employee asks for or asks about their ESA rights. If an employee thinks that an employer is not
following the ESA law, he or she can contact the Ministry of Labour for help.
Note: Unionized employees should talk to their union representative before contacting the Ministry of Labour if
they think their rights have been violated.
Hours of Work – Generally, employees cannot be forced to work more than
Daily Limit: 8 hours a day – or the number of hours in a regular work day, if it’s more than 8. Employees
may work more than the daily limit if requirements for obtaining their written agreement are met.
Weekly Limit: 48 hours a week. Employees may work more than 48 hours in a week if requirements
for obtaining their written agreement are met and the employer has an approval from the Director of
Employment Standards. (In certain cases and subject to restrictions, where an approval application has
been pending for at least thirty days, employees may work a limited number of excess weekly hours.)
Rest Periods - Generally, employees must have at least
11 consecutive hours off work each day.
24 consecutive hours off work each week or 48 consecutive hours off work in every 2-week period.
Overtime Pay – Most employees must be paid overtime pay after 44 hours of work each week.
The overtime rate must be at least 1½ times the regular rate of pay.
Minimum Wage – Most employees are entitled to be paid at least the minimum wage.
February 1, 2004 February 1, 2005 February 1, 2006 February 1, 2007
$7.15 per hour $7.45 per hour $7.75 per hour $8.00 per hour
Note: The minimum wage is different for students, liquor servers, homeworkers, and hunting and fi shing guides.
Payday – Employees must be paid on a regular, recurring payday and given a statement showing their wages
and deductions for that pay period.
Vacation Time and Pay – Most employees earn at least 2 weeks of vacation time after every 12 months.
Employees are entitled to be paid at least 4 per cent of their total wages earned as vacation pay.
Public Holidays - Ontario has 8 public holidays every year. Most employees take these days off work, with
public holiday pay.
Leaves of Absence – Eligible employees are entitled to these unpaid, job-protected leaves:
17 weeks of pregnancy leave
35 or 37 weeks of parental leave
10 days each calendar year of emergency leave for personal illness, injury or medical emergency, or for
the death, illness, injury, medical emergency or urgent matter of certain family members
8 weeks in a 26-week period of family medical leave to care for or support certain family members who
have a serious illness with a signifi cant risk of dying within a period of 26 weeks.
Termination Notice and Pay – Generally, if an employee has been working for 3 months or more and his or her
job is terminated, the employer must give the employee advance written notice, or termination pay instead of
notice, or a combination of both.
Young Workers - For more information on your rights and responsibilities at work, please visit:
www.labour.gov.on.ca/english/site/youngworkers.html


From: Scarborough | Registered: Jan 2006  |  IP: Logged
huberman
rabble-rouser
Babbler # 14076

posted 03 October 2007 07:01 AM      Profile for huberman     Send New Private Message      Edit/Delete Post  Reply With Quote 
The first thing to change in the ESA is the 44-hour work week. The 40-hour work week is a 100 year old concept, and we still have not achieved it in Ontario. In Europe many countries have less than 40-hour work weeks and much lower unemployment rates than Canada or Ontario (Denmark, Netherlands).
From: NAFTA | Registered: Apr 2007  |  IP: Logged
huberman
rabble-rouser
Babbler # 14076

posted 03 October 2007 07:13 AM      Profile for huberman     Send New Private Message      Edit/Delete Post  Reply With Quote 
Secondly, this needs to end immediately. Labour violations need to be as actively enforced, prosecuted and fined as parking violations and traffic/speeding violations are. We have speeding and radar traps constantly set up and need the same done with overtime and other labour violations. Employers are not being inspected sufficiently, regularly or at all.

[ 03 October 2007: Message edited by: huberman ]


From: NAFTA | Registered: Apr 2007  |  IP: Logged
Ward
rabble-rouser
Babbler # 11602

posted 03 October 2007 12:08 PM      Profile for Ward     Send New Private Message      Edit/Delete Post  Reply With Quote 
Knowing the act inside-out is a must for anyone not self employed.

(and replacing the word "employee" with "slave" wouldn't hurt)


From: Scarborough | Registered: Jan 2006  |  IP: Logged
huberman
rabble-rouser
Babbler # 14076

posted 03 October 2007 12:08 PM      Profile for huberman     Send New Private Message      Edit/Delete Post  Reply With Quote 
I also believe we should be shutting down union-busting employers, not simply reprimanding them or handing out small fines. We don't want employers with such an anti-labour and illegal approach to continuously operate in our midst, grow and prosper at the expense of labour.

Such employers drive wages and standards down across their industries and across the country.

We also must make it easier to unionize. The current system is overwhelming and frightening to too many employees, especially in such precarious labour conditions.


From: NAFTA | Registered: Apr 2007  |  IP: Logged
huberman
rabble-rouser
Babbler # 14076

posted 03 October 2007 12:12 PM      Profile for huberman     Send New Private Message      Edit/Delete Post  Reply With Quote 
Good point Ward, I've always said the first thing an immigrant to Canada should get is a summary of their labour rights with the contact info. for the appropriate ministry.
From: NAFTA | Registered: Apr 2007  |  IP: Logged

All times are Pacific Time  

Post New Topic  Post A Reply Close Topic    Move Topic    Delete Topic next oldest topic   next newest topic
Hop To:

Contact Us | rabble.ca | Policy Statement

Copyright 2001-2008 rabble.ca