Canadian Employment Law

987 Words2 Pages

New graduates entering the work force need to know and understand their rights and employment contracts, and the responsibilities of their employer in ensuring that employment standards and laws are met. Young graduates such as myself need to know how as an employee we are protected and supported by the government’s Employment Standards Act (ESA) and how the changes proposed to the Act will affect and benefit both the worker and the employer in the workplace. The changes to the Act being considered will better reflect the realities of today’s workforce and will protect and support not just young people going into the work place in Ontario, but all workers specifically with the new changes to wages, dress code and uniforms and overtime. …show more content…

The old, or current, ESA has a minimum wage requirement, but it allows employers to pay students under 18 at a lower minimum wage than those over 18, and part-time and fulltime workers doing the same job do not have to be paid at the same rate. The new ESA changes propose that employees, regardless of age, have to be paid the same minimum wage as everyone else and part-time workers doing the same job as full time workers would have to be paid at the same rate. This change would bring Ontario in line with the rest of Canada, as Ontario is the only province still allowing differential wage practices. A recent article in the Toronto STAR (“Bosses who broke law haven’t learned their lesson, labour ministry blitz finds”, March 15, 2017) contained the following comment which highlights the current vulnerabilities and unfairness for workers due to the present range of exemptions allowed from the standards, which affect particularly new and young workers: “Critics have long called on the government to remove the existing array of exemptions and special rules that exclude some jobs from minimum standards, which they say leads to widespread confusion, complicates enforcement, and costs workers up to $45 million in potential earnings each week.” So, workers are currently losing a great deal of …show more content…

The current ESA does not make it clear whether a worker has to comply with such provisions, even when the requirements do not make sense or place the worker in an uncomfortable or demeaning situation, which has nothing to do with the functional aspects of the job. For example, some employers want men to wear jackets and ties at all times when the job really does not require this in order for the worker to perform the job successfully. Similarly, employers often require female wait-persons in bars and restaurants to wear sexualized uniforms to entice male customers to frequent their businesses. Proposed changes to the ESA would make it clear that a workplace dress code cannot violate a collective agreement’s provisions, the Ontario Human Rights Code or the rules under the Occupational Health and Safety Act; this will allow workers to have more voice in what to wear on the job, and reflects the changing attitude to dress in the workplace, as more work places are allowing for more casual dress, such as at Google, placing the focus on the work to be done and not what someone is wearing. The Ontario Human Rights Commission has recently published a “Dress Code Checklist for Employers” to enable them to maintain

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