Regulation - LGIC
Proposed consequential amendments to O. Reg. 285/01 and O. Reg. 125/16 made under the Employment Standards Act, 2000 if Bill 148 - Fair Workplaces, Better Jobs Act, 2017 is passed.
Regulation Number(s):
Instrument Type:
Regulation - LGIC
Bill or Act:
Employment Standards Act, 2000
Summary of Decision:
Vacation pay entitlement after five years of service with the same employer has increased to 3 weeks. O. Reg 285/01 which exempts construction employees from Part X of the ESA (Public Holiday) has been amended to align with the increased vacation pay entitlement for employees working for the same employer for 5 years. These construction sector employees will be exempt from Public Holiday provisions if they receive 9.7% or more of their hourly rate for vacation pay or public holiday pay. This change is effective January 1, 2018.
The rules for minimum payment for employees who regularly work more than three hours (three hour rule) who are called in to work for less than three hours have changed to be three hours at the employee's regular rate of pay, and are now contained in a new section of the ESA. This change takes effect January 1, 2019.
A number of consequential and technical changes to regulations made under the Employment Standards Act, 2000 (ESA) were made:
• Update a reference related to tips or other gratuity
• Remove Family Day from the regulation as it would be moved from regulation to the ESA
• Remove minimum wage rates from the regulation and update certain minimum wage references.
The rules for minimum payment for employees who regularly work more than three hours (three hour rule) who are called in to work for less than three hours have changed to be three hours at the employee's regular rate of pay, and are now contained in a new section of the ESA. This change takes effect January 1, 2019.
A number of consequential and technical changes to regulations made under the Employment Standards Act, 2000 (ESA) were made:
• Update a reference related to tips or other gratuity
• Remove Family Day from the regulation as it would be moved from regulation to the ESA
• Remove minimum wage rates from the regulation and update certain minimum wage references.
Further Information:
O.reg 285/01
Proposal Number:
17-MOL010
Posting Date:
October 11, 2017
Summary of Proposal:
If the proposed Fair Workplaces, Better Jobs Act, 2017 is passed, a number of consequential and technical changes to regulations made under the Employment Standards Act, 2000 (ESA) would be required. These changes would not affect the substance of the legislation or regulation but would:
• Update a reference related to tips or other gratuity
• Remove Family Day from the regulation as it would be moved from regulation to the ESA
• Remove minimum wage rates from the regulation and update certain minimum wage references
The proposed Fair Workplaces, Better Jobs Act, 2017, if passed, would also increase vacation pay entitlement after five years of service with the same employer. The proposal is to update the regulation, specifically the exemption of construction employees from Part X of the ESA (Public Holiday),to align with the increased vacation pay entitlement in the proposed Fair Workplaces, Better Jobs Act, 2017.
If the Fair Workplaces, Better Jobs Act, 2017 passes, the rules for minimum payment for employees who regularly work more than three hours (three hour rule) who are called in to work for less than three hours, currently set out by regulation, would change, and be moved to the legislation. The employee's wages would be three hours at their regular rate of pay. This would be set out in a new section of the ESA.
• Update a reference related to tips or other gratuity
• Remove Family Day from the regulation as it would be moved from regulation to the ESA
• Remove minimum wage rates from the regulation and update certain minimum wage references
The proposed Fair Workplaces, Better Jobs Act, 2017, if passed, would also increase vacation pay entitlement after five years of service with the same employer. The proposal is to update the regulation, specifically the exemption of construction employees from Part X of the ESA (Public Holiday),to align with the increased vacation pay entitlement in the proposed Fair Workplaces, Better Jobs Act, 2017.
If the Fair Workplaces, Better Jobs Act, 2017 passes, the rules for minimum payment for employees who regularly work more than three hours (three hour rule) who are called in to work for less than three hours, currently set out by regulation, would change, and be moved to the legislation. The employee's wages would be three hours at their regular rate of pay. This would be set out in a new section of the ESA.
Contact Address:
Ministry of Labour, 400 University Ave., Suite 1502, Toronto, ON, M5G 1S7
Effective Date:
January 1, 2018
Decision:
Approved