HARD LABOUR
[BY WARDS PC LAWYERS]
The Ontario Ministry of Labour often conducts a compliance blitz by inspecting employer businesses across Ontario.
They recently completed a blitz of 304 businesses for general compliance with the Employment Standards Act, 2000 of Ontario.
The result – 232 businesses were not compliant and received compliance orders, notices of contravention, etc.
Most businesses were non-compliant with the ESA requirements for: public holiday pay, overtime pay and vacation pay.
Many were also non-compliant with their record-keeping and ensuring that their employees were working the proper hours of work.
The Ministry says that nearly all employers in Ontario voluntarily comply with compliance-related orders made to them by the Ministry, but the problem is that the orders had to be made in the first place. The Ministry also indicates that most of the non-compliance is due to employers lack of knowledge or understanding about the requirements of the ESA, rather than a deliberate effort to circumvent those requirements.
Therefore, most employers are not intentionally falling short of the law, but are doing so because they do not understand fully what the law requires them to do.
The ESA in Ontario is somewhat complex and difficult to understand and implement effectively. While the Ministry Web site provides very good explanation and guidance for compliance with the ESA, employers should consider reviewing their employment practices with a qualified employer lawyer to ensure steps are taken to be compliant.
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Jason Ward WARDS PC LAWYERS
This WARDSPC 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.
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