Hours of Work and Wages Regulation in Canada

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Presentation transcript:

Hours of Work and Wages Regulation in Canada IAKL Conference 2019, Seoul, Korea Victor J.H. Kim McCarthy Tetrault LLP

Canada, Eh? 1 Federal Government Exclusive jurisdiction over certain industries: E.g. Bank, Air/Marine/Rail Transportation, Telecommunication, TV/Radio Broadcasting Canada Labour Code 10% of total Canadian Workforce

Canada, Eh? 14 Provincial Governments Jurisdiction over all remaining industries 90% of total Canadian Workforce Each Province has its own employment standards legislation E.g. Employment Standards Act (Ontario), Saskatchewan Employment Act, Labour Standards Code (Nova Scotia)

Patchwork of Legislation Different employment standards apply depending on the industries and geographical location. Each employment standards legislation differ from each other.

Employment Standards in Constant Flux Three-Party Political System Left: Liberal Party & New Democratic Party Right: Conservative Party Every time government changes, employment standards change.

Case Study: Ontario Employment Standards Act (2017 – 2019) Liberal Majority  Election  Conservative Majority Liberal Reforms (2017): Minimum wage increase ($11.40  $14.00) Equal pay for equal work for temporary workers 3-hr minimum pay for being on-call Rights to refuse overtime work Shift cancellation payment Conservative Rewinds (2019): Equal pay for equal work for temporary workers 3-hr minimum pay for being on-call Rights to refuse overtime work Shift cancellation payment

Canadian Caveats Many different employment standards legislation Employment standards legislation are constantly changing

Hours of Work & Wages Regulation in Ontario (as of September 21, 2019) Maximum number of hours employee can be required to work is 8hrs/day or 48hrs/week Employee’s written consent is required for exceeding daily/weekly maximums Hours Free from Work: Employee must receive at least 11 consecutive hours off work each 24-hr period Employee must receive at least 24 consecutive hours off work each work week

Hours of Work & Wages Regulation in Ontario (as of September 21, 2019) Overtime Pay: Overtime pay begins after 44 hours in a work week Any hours worked after 44 must be paid at the overtime pay rate (x 1.5) Hours of Work / Overtime Pay Exemptions: Professional exemptions: lawyers, accountants, engineers, IT professionals, architects etc. Managers/Supervisors: courts will look beyond titles

Questions Contact Information: Victor J.H. Kim McCarthy Tétrault LLP vkim@mccarthy.ca or 416-601-8405