| Employment Law : |
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Employment Standards
HRCMS will guide you through the Employment Standards Act of Ontario as required. Allow us to establish your Employment Standards Program and Policy Manual (HR) that will assist you in managing your business on a day-to-day basis without concern of contravening the Employment Standards Act. If an employee does file a claim against your business, we will walk you through the claims process of organizing the required documentation including preparation for your hearing with an ESA Officer. Our mission is to prevent contravention, oversee and advise employers on the application of the Employment Standards Act in Ontario. HRCMS is a neutral party providing comprehensive services mainly to employers but can assist employees. Our services offered range from establishing policy and programs that will withstand ESA claims challenge including responding to general inquiries to providing pro-active services to both employer and employee. The Employment Standards Act serves all Ontario employees and employers who come within provincial jurisdiction. Employees governed by a collective agreement must avail themselves of the grievance process under their agreement rather than placing a complaint under the Employment Standards Act. Collective agreements cannot provide for lesser benefits than those contained under the Employment Standards Act. Employees and employers who fall within federal jurisdiction are governed by the Canada Labour Code. For more information about whether you may be governed by the federal Canada Labour Code, click here. |
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| Enforcement Activities: |
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| Employment standards are enforced under the Employment Standards Act, 2000 (ESA) which sets out the minimum standards that employers and employees must follow. The Ministry of Labour, through its Employment Standards Program: |
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- enforces the ESA and its regulations
- provides information and education to employers and employees, making it easier for people to understand and comply voluntarily
- investigates possible violations
- resolves complaints
- conducts proactive inspections of payroll records and workplace practices
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| Most employers and employees in Ontario are covered by this provincial law. The ESA does not apply to you if you operate or work in a business that is regulated by the Government of Canada, such as: airlines, banks, shipping companies, radio and television stations, inter-provincial transport of goods and people. For a brief introduction to the Employment Standards Act, 2000, see "Your Rights at Work: Employment Standards Act", a handy brochure explaining its general parts and provisions. For ease of use and convenience, there are e-forms for employers to apply on-line for Hours of Work and Averaging Overtime and for employees to file an employment standards claim on-line. Employees can also get a Self Help Kit from the Ministry of Labour to help them resolve issues with their employer on their own. The poster, "What You Should Know About the Ontario Employment Standards Act", outlines employees’ rights and employers’ responsibilities at work and must be posted in most workplaces. Version 2.0 has been published to replace the poster currently posted in workplaces (Version 1.0). The Fact Sheets are also convenient sources of information about key sections of the legislation. These publications are provided for your information and convenience only. They are not legal documents. For the exact wording, please refer to the Employment Standards Act, 2000 and its regulations. |
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