IT'S THE LAW – HAVE YOU BEEN GIVEN YOUR ESA POSTER?
To help ensure that employers understand their obligations and that employees know their rights, the Minister of Labour has prepared and published an Employment Standards Poster entitled Employment Standards in Ontario.
This poster describes important rights and requirements under the Employment Standards Act, 2000 and must be posted in the workplace where it is likely that employees will see it. Employers are also required to give every employee a copy of the poster.
All employees in Ontario that are covered by the Employment Standards Act, 2000 must receive a copy of the poster from their employer.
Changes in the law that came into force on May 20, 2015 also require employers to provide employees who are covered under the ESA with a copy of the most recent version of the Employment Standards Poster.
Employers must provide all current employees with a copy of version 6.0 of the Employment Standards Poster by June 19, 2015. Any new employees hired after May 20, 2015 must be given a copy within 30 days of their date of hire.
Employers are required to post the most recent version (6.0) of the Employment Standards Poster published by the Minister of Labour in the workplace where it is likely to come to the attention of employees. Most workplaces covered by the Employment Standards Act, 2000 are required to post the poster. The poster must be displayed in English. If the majority language of a workplace is a language other than English, and the ministry has published a version of the poster in that language the employer is required to post a copy of the translation next to the English version of the poster.
An employer may provide the poster as a printed copy or as an attachment in an email to the employee. In addition, an employer may provide the poster via a link to the document on an internet database, but only if the employer ensures the employee has reasonable access to that database (i.e. must ensure the employee has access to a computer and is able to access a working link to the document) and ensures the employee has access to a printer and that the employee knows how to use the computer and the printer.
The Poster can be downloaded for free at: http://www.labour.gov.on.ca/english/es/pdf/poster.pdf
If an employee requests a copy of the poster in a language other than English and the ministry has published a version of the poster in that language, the employer must provide the translated version in addition to the English copy.
The earlier version should be removed from the workplace and replaced with version 6.0. An employer who is required to post the poster and who fails to post version 6.0 on or after May 1, 2015 would be in violation of the Employment Standards Act, 2000. This could result in an employment standards officer taking enforcement action.
This WARDS PC BLAWG is for general information only. It is not legal advice, or intended to be. Specific or more information may be necessary before advice could be provided for your circumstances.
July 31st, 2015
Posted in Labour & Employment