Amendments to Exemptions, Special Rules and Establishment of Minimum Wage under the Employment Standards Act, 2000 regarding scheduling provisions in the auto sector.
Bill or Act:
Employment Standards Act, 2000
Summary of Decision:
The auto sector is exempted from three new scheduling provisions in the ESA, and record keeping that relate to the new provisions. These are:
Minimum Pay for Being on Call
21.4 (1) If an employee who is on call to work is not required to work or is required to work but works less than three hours, despite being available to work longer, the employer shall pay the employee wages for three hours...
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.
15 (1) An employer shall record the following information with respect to each employee...
3.3 The dates and times that the employee was scheduled to work or to be on call for work, and any changes made to the on call schedule.
3.4 Any cancellations of a scheduled day of work or scheduled on call period of the employee and the date and time of the cancellation.
This change takes effect January 1, 2019
Summary of Proposal:
400 University Ave, Suite 1502 Toronto, ON, M5G 1S7
January 1, 2019