As outlined in our previous alerts, almost all of the changes to the Employment Standards Code (the "Code") brought in by the Fair and Family- Friendly Workplaces Act come into effect on January 1, 2018. Employers should take the following steps now to ensure that they are prepared:
- Review human resources
policies
- Pay particular attention to the
following policies, if you have them, and ensure they comply with
the changed provisions under the Code:
- Overtime and overtime agreements
- Unpaid leaves (several new leaves have been added and the requirements for others changed)
- Temporary layoffs
- Hours of work
- General holidays
- Deductions from earnings
- If you have a compressed work week
arrangement in place it will remain valid until its stated expiry
or January 1, 2019, whichever is earlier. After that, employers
will have to use averaging agreements and get the agreement of the
specific employee or the majority of a group of
employees.
- Once the revisions are complete, have
employees review and sign off to confirm they have reviewed the
revised policies. Consider having the employees review all HR
policies as a refresher.
- This is a good opportunity to review
and update all human resources policies.
- Pay particular attention to the
following policies, if you have them, and ensure they comply with
the changed provisions under the Code:
- Review employment
agreements
- Any provision in the employment
agreement that provides the employee with less than the minimums
prescribed by the Code will be invalid.
- Ensure there is no specific reference
in the agreement to a Code provision that has been changed or
change the reference to align with the new Code requirements.
- Note that for existing employees this
may involve entering into a new employment agreement with revised
provisions or both the employee and employer signing a written
agreement outlining the changes – legal advice is probably a
good idea in this case.
- Note that for existing employees this
may involve entering into a new employment agreement with revised
provisions or both the employee and employer signing a written
agreement outlining the changes – legal advice is probably a
good idea in this case.
- Any provision in the employment
agreement that provides the employee with less than the minimums
prescribed by the Code will be invalid.
- Review standard practices
- For matters that may not be included
in a policy or employment agreement but are a matter of practice,
ensure the practice aligns with the changes to the Code. This may
include such things as:
- Breaks or rest periods
- Terminations (for example: you will
no longer be able to require an employee to use banked overtime,
vacation time or holiday time during the termination notice
period)
- For matters that may not be included
in a policy or employment agreement but are a matter of practice,
ensure the practice aligns with the changes to the Code. This may
include such things as:
- Inform and train your
managers, supervisors and HR personnel
- They need to understand the changes
to the Code and resulting changes to policies and practices and how
this impacts the workplace.
- Should include all personnel who make decisions regarding Code related matters, such as those employees who approve leaves of absences, payroll (overtime and general holiday pay changes), etc.
- They need to understand the changes
to the Code and resulting changes to policies and practices and how
this impacts the workplace.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.