CANADA Trends and Developments Contributed by: Andrew Shaw, Ryan Carroll and David McIsaac, Baker McKenzie
Act could cover ride share drivers and delivery service workers. The Act provides “Rights” for gig workers which serve as entitlements. Notable entitlements include the fol - lowing. • Right to a Minimum Wage – Operators are required to pay a worker at least the minimum wage rate payable under the ESA, exclusive of tips and gra - tuities, for each work assignment performed. • Right to Amounts Earned – Operators are prohib - ited from withholding any amounts owing to the worker including wages, tips, gratuities and other bonuses. • Right to Recurring Pay Period and Pay Day – like a traditional employment relationship, workers are now entitled to a recurring pay period and pay day. All amounts earned by the worker during a given pay period, inclusive of tips and other gratuities, must be paid in full by the specified pay day for that pay period. Emphasis on employee safety and wellbeing Employers in Canada must ensure they comply with evolving employment standards aimed at protecting worker health, safety, and wellbeing. Recently, leg - islative changes, especially in Ontario, have placed greater emphasis on supporting employees through enhanced safety measures, expanded leave entitle - ments, and improved access to health resources. These changes underscore the need for employers to remain proactive in meeting their obligations and adapting to new requirements as they arise. The new leave entitlements from Working for Workers Six also follows this trend. As mentioned, employees are now entitled to long-term illness leave for up to 27 weeks. Also, when the placement-of-a-child leave is proclaimed into force, employees with at least 13 weeks of service will be entitled to a maximum of 16 weeks off. There are also several amendments to the OHSA aimed at improving safety for employees at the work - place. As mentioned, Working for Workers Six has increased mandatory minimum fines for corpora - tions found guilty of a second or subsequent offence
under the OHSA. It also places greater obligations on employers to ensure their employees are equipped with adequate personal protective clothing and equip - ment (PPE). Any PPE that is provided or used must properly fit the employee and be appropriate in the circumstances. Legislative amendments regulating the beginning and end of the employment relationship Canadian employers face growing obligations as new legislation regulates how employment relationships begin and end. Legislation continues to introduce reforms that promote transparency in hiring, increase accountability for job postings, and strengthen pro - tections for terminated employees. Employers must stay alert to these changes and take active steps to comply with evolving standards. As mentioned above, Working for Workers Six has amended the Ontario Immigration Act, 2015, to impose new standards and stricter penalties on immigration representatives. Specifically, an immigra - tion representative cannot make claims that falsely allege that an applicant meets a prescribed criteria for approval. They also cannot submit a document falsely alleging that an applicant meets prescribed criteria for approval. Representatives can receive fines, multi- year or lifetime bans for contravening this obligation. If passed, Bill 30, Working for Workers Seven Act will provide support to potential employees as well as those nearing the end of their employment. As dis - cussed above, job posting platforms will face stricter regulations about fraudulent job postings. Platforms must have a procedure to allow users to report fraudu - lent job postings advertised to the public. Platforms must also develop a written policy that includes infor - mation about how the operator of the platform will address publicly advertised job postings. The policy must be accessible in a conspicuous place on the platform. The Working for Workers Seven Act would also pro - vide support to terminated employees. Employees are entitled to three days of unpaid leave if they receive notice of termination along with 50 or more other employees in the same four-week period. The purpose of the leave is to allow employees to find alternate
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