restrict temporary help agencies from limiting their assignment employees from entering into employment relationships with clients
of the temporary help agencies; and,
The Ontario Legislature has proposed changes (Bills 159 and 146) to the statutory obligations
of both temporary help agencies («Agencies») and their clients («Employers»).
The Bill seeks to amend the Employment Standards Act, 2000 («ESA») with respect to the regulation
of temporary help agencies.
During the past three years, we have worked with a variety
of temporary help agencies when we needed temporary staffing.
If an employee is assigned to work for the client
of a temporary help agency, both the agency and client should record the number of hours worked and retain the required records for three years.
Regarding employees who sustain injuries while working for the client
of a temporary help agency, the Lieutenant Governor in Council may make additional regulations defining a «temporary help agency,» requiring the Board to take certain actions, requiring the client to notify the Board of the injury, and prescribing penalties for clients who fail to notify the Board.
If an assignment employee was assigned to perform work for more than one client
of a temporary help agency during a pay period, and the agency fails to pay the employee some or all of the wages described above that are owing to the employee for that pay period, each client is jointly and severally liable with the agency for a share of the total wages owed to the employee that is in proportion to the number of hours the employee worked for that client during the pay period relative to the total number of hours the employee worked for all clients during the pay period.
For the purposes of enforcing the liability of a client
of a temporary help agency under the Act, the client is deemed to be an employer of the assignment employee.
(5) For the purposes of enforcing the liability of a client
of a temporary help agency under this section, the client is deemed to be an employer of the assignment employee.
74.10 (1) For the purposes of determining entitlement to public holiday pay under subsection 29 (2.1), an assignment employee
of a temporary help agency is on a layoff on a public holiday if the public holiday falls on a day on which the employee is not assigned by the agency to perform work for a client of the agency.
(2) Where a person is an assignment employee
of a temporary help agency on the day this section comes into force, the agency shall, as soon as possible after that day, provide the information required by subsection (1), in writing, to the employee.
(5) Where a person is an assignment employee
of a temporary help agency on the day this section comes into force, the agency shall, as soon as possible after that day, provide the document required by subsection (3) and, where applicable, by subsection (4), to the employee.
74.4.2 (1) A client
of a temporary help agency shall record the number of hours worked by each assignment employee assigned to perform work for the client in each day and each week.
(3) As soon as possible after a person becomes an assignment employee
of a temporary help agency, the agency shall provide a copy of the most recent document published by the Director under this section to the employee.
The new restrictions prohibiting distinctions on the basis of employment status and on the basis of status as an employee
of a temporary help agency
Not exact matches
A select group
of nonprofits and relief worker
agencies can then use it to search for
temporary housing for those they are
helping.
The financial transaction tax would be a starting point, and I think the work in time directive, making progress on the
temporary agency workers... People say, «what is euroscepticism today» and I say that then majority
of colleagues that I speak to agree with what I call growth enhancing euroscepticism — that is those powers being repatriated back that
help the British economy and grow jobs.
The group works to keep animals in their homes and out
of the shelter system by offering public training classes, a behavior
help line,
temporary boarding for pets referred by a social service
agency during emergencies and donating pet supplies to food pantries.
For instance, according to the U.S. Bureau
of Labor Statistics, in 2005 alternative workers — people «employed as independent contractors, on - call workers,
temporary help agency workers, and workers provided by contract firms» — made up just 11 percent
of the total U.S. workforce.
Further, employers will be expressly prohibited from committing reprisals against employees (or
temporary help agency workers) who make such a request and must permit or discuss or disclose their rate
of pay to other employees.
This will also apply for
temporary help agency employees doing the same job as permanent employees at the company they are assigned to if those employees perform substantially the same (but not necessarily identical) kinds
of work, in the same establishment.
Employees and
temporary help agency workers who believe they are not being paid equally will be permitted to request a review
of their rate
of pay with their respective employer.
Where a
temporary help agency supplied the services
of an assignment employee to a client
of the
agency, Bill 146 would amend the ESA to create joint and several liability for the regular wages and overtime pay earned by the assignment employee during each pay period that the employee supplied services to the client
of the
agency.
«
temporary help agency industry» means, subject to the regulations, businesses engaged in employing persons for the purpose
of assigning them to perform work on a
temporary basis for clients
of the employer.
(i. 4) further defining or clarifying the meaning
of «
temporary help agency industry» in section 15.2 and specifying businesses or types
of businesses that are or are not included in the
temporary help agency industry for the purposes
of that section;
Despite the above requirements, the
temporary help agency is primarily responsible for an assignment employee's wages, but proceedings against the
agency under this Act do not have to be exhausted before proceedings may be commenced to collect wages from the client
of the
agency.
The new sections 74.4.1 and 74.4.2
of the Act require
temporary help agencies and their clients to record the number
of hours worked by each assignment employee for each client
of the
agency in each day and each week in addition to all other information that an employer is required to record under Part VI
of the Act.
74.15 If a
temporary help agency charges a fee to a client in contravention
of paragraph 8 or 9
of subsection 74.8 (1), the client may recover the amount
of the fee in a court
of competent jurisdiction.
Regulations may also be passed stating that if an injury to a
temporary help agency worker requires healthcare or results in the worker not being able to earn full wages, the client is required to notify the Workplace Safety and Insurance Board
of the accident within three days and can be fined for failing to do so.
(b) because the client or
temporary help agency is or may be required, because
of a court order or garnishment, to pay to a third party an amount owing to the assignment employee.
The government now has the ability to pass regulations providing that, if a
temporary help agency lends out or hires the services
of a worker to another employer who participates in an experience or merit rating program, and the worker sustains an injury while performing work for the other employer, the Board must attribute the injury to the other employer.
42.2 (1) No
temporary help agency shall pay an assignment employee who is assigned to perform work for a client at a rate
of pay less than the rate paid to an employee
of the client when,
(v. 1) makes inquiries about the rate paid to an employee
of the client for the purpose
of determining or assisting another person in determining whether a
temporary help agency is complying with Part XII (Equal Pay for Equal Work),
(2) Where an assignment employee is assigned by a
temporary help agency to perform work for a client
of the
agency, the assignment begins on the first day on which the assignment employee performs work under the assignment and ends at the end
of the term
of the assignment or when the assignment is ended by the
agency, the employee or the client.
(3) Subsection (1) does not apply if the
temporary help agency offers the assignment employee a work assignment with a client during the notice period that is reasonable in the circumstances and that has an estimated term
of one week or more.
(2) An order issued under clause (1)(b) shall also require the
temporary help agency to pay to the Director in trust an amount for administrative costs equal to the greater
of $ 100 and 10 per cent
of the amount owing.
«
temporary help agency» means an employer that employs persons for the purpose
of assigning them to perform work on a
temporary basis for clients
of the employer; («agence de placement temporaire»)
(2) Where an assignment employee has been assigned by a
temporary help agency to perform work on a
temporary basis for a client and the employee has begun to perform the work, the
agency may charge a fee to the client in the event that the client enters into an employment relationship with the employee, but only during the six - month period beginning on the day on which the employee first began to perform work for the client
of the
agency.
«assignment employee» means an employee employed by a
temporary help agency for the purpose
of being assigned to perform work on a
temporary basis for clients
of the
agency; («employé ponctuel»)
(4) If the language
of an assignment employee is a language other than English, the
temporary help agency shall make enquiries as to whether the Director has prepared a translation
of the document into that language and, if the Director has done so, the
agency shall also provide a copy
of the translation to the employee.
Assignment employees may request a review
of their rate
of pay from the
temporary help agency, without reprisal, and the
temporary help agency must either adjust the pay accordingly or provide a written response if they disagree.
This new provision will prohibit
temporary help agencies from paying an assignment employee who is assigned to perform work for a client at a rate
of pay less than the rate paid to an employee
of the client where they perform substantially the same kind
of work in the same establishment, their performance requires substantially the same skill, effort and responsibility, and their work is performed under similar working conditions.
The
temporary help agency was not charged by the Ministry
of Labour under the Act.
It is important to note that an employer (and
temporary help agency, in the case
of temporary workers) can not punish an employee in any way for requesting a review
of their rate
of pay because they believe they are not receiving equal pay for equal work, or for asking other employees about their rates
of pay to find out if an employer is providing equal pay for equal work.
As mentioned earlier, most employers seek the
help of staffing
agencies when in need
of temporary staff.
Delta Dallas, a full - service staffing
agency, can
help you find the right talent for a variety
of temporary roles.
But most
of the gains in April came in industries paying relatively lower wages: Hiring by retailers rebounded, and food services and
temporary -
help agencies also bulked up.