Managers’ Guide to Bill 18 – What You Need to Know
Do you use Temporary Workers? Your Company’s Exposure to Liability has Changed!
The Stronger Workplaces for a Stronger Economy Act, Bill 18, received Royal Assent on November 20, 2014. This Bill introduces a number of key changes to Ontario workplace legislation that will protect vulnerable workers and may impact your workplace.
Implementation dates range from November 2014 to November 2015. Some changes are planned for the future on a date to be proclaimed by the Lieutenant Governor in Council.
Intent of Legislation
Protect workers who perform precarious work – temporary, casual, seasonal, and part-time workers – by implementing changes encouraging employers to follow the law.
Some temporary help agencies and the employers who use their services are not following the law. These agencies do not follow minimum standards for the payment of wages, premiums, overtime, vacation or holiday pay and in many cases the agency is not paying government payroll taxes.
Highlights of the Bill
- Annual minimum wage increases will be linked to the CPI for Ontario.
- Shared liability for unpaid wages between temporary help agency and employers.
- New reporting requirements for temporary help agencies and the employers who use their services.
- Removal of monetary limit and extension of time limits for recovery of unpaid wages
Business Impact
Employers who use temporary help agencies should ensure the agency is compliant with all employment regulations and is financially stable.
Fusion Staffing Services
Fusion Career Services has been offering temporary services and protecting our clients for nearly 20 years.
Details of Bill 18
Unpaid Wages
Effective February 20, 2015: Removal of monetary limit and extension of time limits for recovery of unpaid wages.
| Make sure your workplace follows current requirements under the Employment Standards Act for payment of wages, overtime, holiday pay, vacation pay … |
ESA Poster – What You Need to Know
Effective May 20, 2015: Employment Standards Act, ESA Poster must be provided to workers. New employees must receive a copy of the poster within 30 days of hire. Available translation must be provided on request.
| Give your employees a copy of the ESA Poster by May 20, 2015. Add the ESA poster to your new employee orientation documents. The Poster is available on-line at the Ontario Ministry of Labour. |
Self Audit
Effective May 20, 2015: Ministry of Labour can require an employer to conduct an examination of their records and / or practices to ensure compliance with the ESA.
| Make sure your workplace and your temporary help service provider complies with the Employment Standards Act. |
Minimum Wage Increase
Effective October 1, 2015: Minimum wage will be linked to the Ontario CPI. Each year on April 1 minimum wage will be announced. Any wage change will be effective on October 1 and will remain in effect for 1 year.
| Minimum wage will increase from $11 to $11.25 per hour. This wage will be in effect from October 1, 2015 to September 31, 2016. Adjust your payroll forecasts and make all applicable payroll updates. |
Joint Liability for Unpaid Wages
Effective November 20, 2015: Shared responsibility for unpaid wages (regular wages, premiums, holiday pay and overtime) between temporary help agency and employer.
| Make sure your temporary help service provider complies with employment laws and is financially stable. Potential risk of dual payment for labour expenses, in cases where temporary help agency does not pay workers. |
Reporting
Effective November 20, 2015: New reporting requirements for temporary help agencies and the employers who use their services. Employers must keep records of daily and weekly hours worked.
| Talk to your temporary help service provider to find out their plans for meeting this new reporting requirement. |
Unpaid Learners
Effective November 20, 2015: Definition of worker under the Occupational Health and Safety Act has been amended to include unpaid co-op students and other unpaid learners.
| Unpaid students and other unpaid learners must be provided with the same safety training, orientation and supervision as paid employees. This includes the mandatory Ministry of Labour Awareness Training for workers. |
The information provided here is an overview. Your situation is unique. Refer to the legislation, Bill 18 or contact a Fusion Advisor for more information.