Presentation to ACSESS

May 30, 2007

Employment Practices Branch Ministry of Labour

Purpose

• Preliminary findings of the inspection initiative focussed on temporary help agencies

• Provide an overview of the hours of work approval process

Background

• The Ministry’s mandate is to increase levels of compliance with ESA 2000

• In recent years ‘benchmarking’ compliance levels have been determined in restaurant and retail sectors

• Early 2007 the Ministry conducted focussed inspection initiative in 100 temporary help agencies

• Majority of violations were non-monetary• Hours of Work• Records/ Record Keeping• Failing to display the ESA poster

• Monetary violations• Vacation Pay• Public Holiday Pay• Overtime

• Final results being tabulated and self-audits are still reporting

Preliminary Findings

Examples of non-compliance• Hours of Work

• Lack of written agreements, Director’s approvals and postings. Will provide assistance today.

• Record keeping• Failing to separate wages and vacation pay

• Vacation Pay• Lack of employee agreement when paying 4%

on each pay

• Public Holiday/Overtime• Failing to pay premium rate on PH because of

‘elect to work’ status

Next Steps

• Facilitate compliance with ESA 2000 by:

• Working with ACSESS to raise levels of awareness

• Seek out deterrents for repeat offenders

• Develop a strategy to identify employers within the ‘Underground Economy’ that exploit vulnerable workers

Hours of Work Demystified

Leah Clarke, Provincial Specialist will provide some practical and useful information to help understand the Hours of Work provisions

Excess Weekly Hours

• Employees can work in excess of the 48 hours weekly limit if:• The employer and employee have a valid written

agreement to work excess weekly hours,• Employer has approval of the Director pursuant

to s.17.1 that applies to the employee, AND• Hours of work are the lesser of the number

specified in the agreement and the approval.

Excess Weekly Hours of Work Agreements• Must be in writing,• Must specify the maximum number of

excess hours,• Employer must provide employee with the

Information Sheet before the employee enters into the agreement, and

• Must contain a statement confirming receipt of a copy of the most recent Employee Information Sheet.

Hours of Work-Reminder

• Employees are entitled to a number of rest periods including a daily rest period of 11 consecutive hours in a 24 hour period.

• Employees are entitled to a 30-minute eating period such that they work no more than 5 consecutive hours without one.

• Generally speaking, employees have a maximum work day of 12 hours.

Averaging Hours of Work for Overtime Pay Purposes• Hours of work may be averaged over

separate, non-overlapping, contiguous periods of 2 or more consecutive weeks if:• Employer and employee have a valid

written agreement to average hours of work,

• Employer has received an approval from the Director under s.22.1 that applies to the employee, AND

• The averaging period is the lesser of the period specified in the agreement and the approval.

Averaging Agreements

• An averaging agreement must specify the averaging period,

• An averaging agreement must have an expiry date, AND

• An averaging agreement with a non-unionized employee must expire no later than 2 years after the day the agreement takes effect.

How do you apply?• On-line for faster service at:

www.labour.gov.on.ca/english/es/hours/index.html under “Format: e-Form.”

• If applying by fax or verifiable mail, must use the latest application “01/2006.”

• 1 Employer = 1 Application. • Occupation names: be specific enough

such that ministry and employees know the type of work covered by the application.

Approvals

• Director may issue an approval if he is of the view it would be appropriate to do so.

• Factors the Director may consider include (but are not limited to):• Whether any concerns regarding the validity of

the written agreements are raised;• Whether the employer has cooperated with

ministry’s request for further information;• Current or past contraventions of the ESA or its

regulations.

Resources

• Ministry web page devoted to the application and approval process: www.labour.gov.on.ca/english/es/hours/guide_toc.html.

• Includes: e-Form (on-line application process), Employer’s Guide, Information Sheet, and Fact Sheet on Hours of Work & Overtime.

• Employment Standards Information Centre 416-326-7160 or 1-800-531-5551.