As many employees take time off from work to enjoy the summer months, employers often have questions regarding the calculation of employees’ vacation pay and the scheduling of their vacation time.
To assist provincially-regulated employers in Ontario, we have compiled a list of the ten statutory vacation requirements employers must meet to comply with Ontario’s Employment Standards Act, 2000 (the “ESA”).
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- The obligation to provide vacation arises upon completion of each “vacation entitlement year”. An employee becomes entitled to vacation after each 12-month vacation entitlement year, which usually begins on the employee’s hire date. Where the employer establishes
Last year’s Ontario Ministry of Labour (“MOL”) compliance blitz reveals that employers are having difficulty maintaining basic employment standards. From May 1 to July 31, 2015, the MOL conducted a series of workplace inspections which focused on compliance with core elements of the Ontario Employment Standards Act, 2000 (the “ESA”). The inspections targeted mainly sectors that employ “vulnerable or precarious workers” where the nature of employment is seasonal, part-time or temporary. The results do not trend well:
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- Of the 304 workplace inspections conducted by the Ministry, 232 (or 76%) employers were found not compliant with the ESA.
- Over $361,000 was
Lately, unpaid interns have been on the Ministry of Labour’s radar. In June 2013 a policy statement was published which reminded employers that most unpaid internships run afoul of the Employment Standards Act, 2000 (“ESA”). I wrote about this policy statement in a previous post.
In April 2014, arising out of a few high profile incidents involving the Walrus and Toronto Life magazine, the Ministry announced an enforcement “blitz” meant to determine whether unpaid interns in certain sectors of the economy were truly “interns” and therefore exempt from the ESA. The results of that “blitz” have now been published… Continue Reading