Exemptions from scheduling provisions under the Employment Standards Act for people working in the recorded film and television sectors
Bill or Act:
Employment Standards Act, 2000
Summary of Decision:
Two new scheduling provisions in the ESA will not apply to people who work in the recorded film and television industry when they come into force on January 1, 2019:
Exemptions re Scheduling
4.1 (1) Sections 21.5 and 21.6 of the Act do not apply to a person employed in the recorded visual and audio-visual entertainment production industry.
Employment Standards Act, 2000:
Right to Refuse
21.5 (1) An employee has the right to refuse an employer's request or demand to work or be on call on a day that they were not scheduled to work or be on call if the request or demand is made less than 96 hours before the time he or she would commence work or commence being on call, as applicable.
21.6 (1) An employer shall pay an employee wages equal to the employee's regular rate for three hours of work if the employer cancels the employee's scheduled day of work or scheduled on call period within 48 hours before the time the employee was to commence work or commence being on call, as applicable.
Meaning of cancellation
(2) For the purposes of subsection (1), a scheduled day of work or scheduled on call period is cancelled if the entire day of work or on call period is cancelled but not if the day of work or on call period is shortened or extended.
Summary of Proposal:
400 University Ave, Suite 1502, Toronto, ON, M5G 1S7
January 1, 2019