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Ontario has implemented transformative changes to its labor laws through the Working for Workers Four Act, 2024 and the Working for Workers Five Act, 2024. These updates aim to foster fairer workplaces, enhance worker protections, and address evolving challenges in the labor market. Below is a detailed overview of the key reforms.
Working for Workers Four Act, 2024
The Working for Workers Four Act, 2024, effective March 2024, introduced several key reforms:
Pay Transparency
Employers must include salary ranges in all publicly advertised job postings. This measure promotes wage transparency, reduces pay disparities, and helps job seekers make informed decisions. However, positions with expected compensation exceeding $200,000 annually are exempt from this requirement.
Employers who fail to comply with this mandate may face penalties, reinforcing the importance of transparency in hiring practices.
Prohibition of Canadian Experience Requirements
Employers are prohibited from including any requirement related to Canadian experience in job postings or application forms. This measure seeks to eliminate systemic barriers for internationally trained professionals, promoting inclusivity in Ontario’s labor market.
Trial Period Compensation
Under the Employment Standards Act (ESA), work performed during a trial or probationary period is now classified as “training,” requiring employers to compensate employees for their time. This reform ensures fairness and compliance with workplace standards during onboarding.
Digital Platform Workers’ Rights
The Digital Platform Workers’ Rights Act, 2022, establishes protections for gig workers, including:
- Minimum Wage Entitlements: Workers must be paid at least Ontario’s general minimum wage for active hours.
- Payment Transparency: Employers must clearly outline pay structures.
- Local Dispute Resolution: All disputes must be resolved in Ontario, ensuring fair and accessible processes for workers.
These changes provide stability and fairness to gig workers, addressing issues unique to the digital economy.
Working for Workers Five Act, 2024
The Working for Workers Five Act, 2024, effective October 28, 2024, builds on these reforms with additional enhancements:
Prohibition on Sick Notes
Employees are entitled to take up to three days of unpaid sick leave annually, with employers allowed to request “evidence reasonable in the circumstances.” However, employers cannot require a certificate from a qualified health practitioner, such as a doctor or nurse, as evidence. This change simplifies the leave process and reduces strain on healthcare providers.
Increased Penalties for ESA Violations
The maximum fine for individuals convicted of ESA violations has increased from $50,000 to $100,000, emphasizing the government’s commitment to enforcing labor standards. Additionally, individuals may face up to 12 months of imprisonment for severe violations, a provision that remains unchanged with the recent legislative updates.
Menstrual Products on Construction Sites
Employers in the construction industry are required to provide free menstrual products in washroom facilities, promoting inclusivity and addressing health needs in a traditionally male-dominated field.
Remote Work Clarifications
The Occupational Health and Safety Act (OHSA) now applies to telework performed in or about a worker’s home. Employers must ensure remote work environments meet health and safety standards. Definitions of “workplace harassment” and “workplace sexual harassment” have also been expanded to include virtual interactions.
Conclusion
The Working for Workers Four Act, 2024 and the Working for Workers Five Act, 2024 represent a pivotal shift in modernizing Ontario’s labor laws. By addressing issues such as pay transparency, worker protections, and workplace inclusivity, these changes aim to create a fairer and more equitable labor market.
Employers must review and update their policies, recruitment practices, and workplace standards to ensure compliance with these new regulations. Employees, in turn, should familiarize themselves with their enhanced rights and entitlements. Together, these updates aim to create a more inclusive, safe, and adaptive workforce in Ontario.
Ensure your business is compliant with Ontario’s latest labor laws. Contact HR Enable Inc. at 905-483-5115 for expert guidance and support!