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Showing posts from January, 2018

ENHANCED LEGISLATIVE FOCUS ON MISCHARACTERISATION OF EMPLOYEE, DEPENDENT CONTRACTOR AND INDEPENDENT CONTRACTOR: IS IT TIME TO REVISIT YOUR CONTRACTUAL AGREEMENTS?

In today’s competitive economy, entrepreneurs and employers must pick among a wide range of choices in building a high-caliber talent pool. From adding a permanent or part-time employee to retaining the services of an independent contractor, these decisions are made all the more complex by the multiplication of legislation, protective measures and administrative oversight imposed by several levels of government.
A case in point is the inclusion of a specific prohibition to misclassify an employee as an independent contractor in the new Ontario Fair Workplaces, Better Jobs Act, 2017 (“the Act”). The Act now clearly puts the burden on the employer to prove that the person is not an employee for the purpose of the Employment Standards Act (Ontario) (“ESA”).  This will likely also become one of the key focus of the 175 new employment investigators being hired by the provincial government.
The new Act does not provide particulars of how to determine who is an employee and who is a contr…

Highlights of the new Fair Workplaces, Better Jobs Act, 2017 and what it means for employers and entrepreneurs. Part 1

The Fair Workplaces, Better Jobs Act, 2017 put in place in late 2017 is a far-reaching piece of legislation that makes important amendments to several laws such as the Employment Standard Act (ESA), the Labour Relations Act and the Occupational Health and Safety Act.
While most of the media focus on these changes has been to the increase in minimum wages, there are other changes to the ESA that can have considerable affects to your organization’s internal human resources policies, existing compensation structure and total payroll. The enforceability of some terms and conditions of employment contracts currently in place can also be affected.
A few practical tips for employers and entrepreneurs
Keeping in mind that several of these amendments were coming into force on January 1st, 2018, employers and entrepreneurs may wish to consider the following initiatives to ensure compliance with the new legislation.
·Employers should conduct a review of relevant internal human resources policies a…

Highlights of the new Fair Workplaces, Better Jobs Act, 2017 and what it means for employers and entrepreneurs. Part 2

The Fair Workplaces, Better Jobs Act, 2017 put in place in late 2017 is a far-reaching piece of legislation that makes important amendments to several laws such as the Employment Standard Act (ESA), the Labour Relations Act and the Occupational Health and Safety Act.
While most of the media focus on these changes has been to the increase in minimum wages, there are other changes to the ESA that can have considerable effects to your organization’s internal human resources policies, existing compensation structure and total payroll. The enforceability of some terms and conditions of employment contracts currently in place can also be affected.
The new legislation at a glance Increased minimum wage rates: The minimum wage increased by close to 30% over 18months. So, the general minimum rates are rising from $11.60/hour to $14.00/hour as of January 1st 2018. It is then expected to increase to $15.00/hour again on January 1st 2019. Lower minimum wages for other various positions (liquor serv…