The Ontario Government seeks to create fairness, opportunity, and security for workers across Ontario. Proposed changes, in place as early as January next year, include the following:
Minimum Wage Increases:
The minimum wage will rise from $11.40 per hour to $14.00 per hour on January 1, 2018 and $15.00 per hour on January 1, 2019.
Casual, part-time, and seasonal employees are to be paid equally to full-time employees when performing the same job for the same employer. These employees are invited to request a review of their wages if they believe they are not receiving equal wages to full-time employees.
Restricting Independent Contractors:
Employers will be prevented from misclassifying employees as “independent contractors”. If challenged, the onus is on the employer to prove that an individual worker is not an employee. Employers that misclassify their employees could be subject to penalties including prosecution, public disclosure of a conviction, and fines.
Increased Vacation:
Employees will be entitled to three weeks’ paid vacation after five years of service with the same employer. This is a minimum.
Paid Sick Days:
An employer will be required to pay an employee up to two sick days a year. Currently there is no obligation to pay sick days.
More accurately, the proposed legislation would provide all employees with ten days of personal emergency leave per year including two days of paid personal emergency leave. The changes would prohibit employers from requesting a sick note from the employee taking the leave.
The Government is proposing to hire up to 175 Employment Standard Officers to enforce these measures and to launch a program to educate both employees and small and medium-sized businesses about their rights and obligations under the Employment Standards Act. If you have questions or concerns about this new legislation, please contact Catherine at willson@gsnh.com.
This material does not constitute legal advice. Readers are urged to consult their professional advisers prior to acting on the basis of material in this publication.