In fact, employers that claim salaried employees are not entitled to overtime, either in writing or through an implied contract, would be contracting
out of employment standards law.
If a termination clause contracts
out of an employment standard, the entire termination clause must be found void, resulting in reasonable notice.
Not exact matches
(6) using qualification
standards,
employment tests or other selection criteria that screen
out or tend to screen
out an individual with a disability or a class
of individuals with disabilities unless the
standard, test or other selection criteria, as used by the covered entity, is shown to be job - related for the position in question and is consistent with business necessity; and
If you are a teacher, or other employee
of a public service organization, under contract for at least eight
out of twelve months, you meet the full - time
standard if you work an average
of at least 30 hours per week during the contractual period and receive credit by your employer for a full year's worth
of employment.
No employer or agent
of an employer and no employee or agent
of an employee shall contract
out of or waive an
employment standard and any such contracting
out or waiver is void.
«Given some
of the decisions that have come
out of the Court
of Appeal which have required pretty high
standards for employers in terms
of drafting
employment agreement language, it was encouraging to see the court unanimously uphold the language that the parties negotiated in this case,» says Susan Crawford,
of Crawford Chondon & Partners LLP who represented Money Mart in Kielb v. National Money Mart Company.
The Court accepted that the parties did not intend to contract
out of the minimum
standards of the ESA and held that the plaintiff's challenges to the contract «represent [ed] either strained interpretations or [were] easily and reasonably cured using the curative language contained in the
employment agreement itself».
My take is that he was recommending that young, unemployed workers gain experience via unpaid internships, which is arguably an end run around
employment standards laws that prohibit contracting
out of the minimum wage.
The court rejected this argument, stating that «where a termination clause contracts
out of one
employment standard, the court is to find the entire termination clause to be void, in accordance with s. 5 (1)
of the ESA.
In many cases, one spouse may not be trained for
employment, or could have been
out of the workforce for a significant amount
of time, making it difficult for that spouse to find a job and maintain the same
standard of living they enjoyed while married.
... no employer or agent
of an employer and no employee or agent
of an employee shall contract
out of or waive an
employment standard and any such contracting
out or waiver is void, [unless the contract provides for a benefit greater than the minimum
standards prescribed by the act].
The Ontario Ministry
of Labour regulates and enforces the
employment standards act, which sets
out laws for discrimination against pregnant employees.
If you believe your employer failed to meet the
employment standards set out in Part II of The Saskatchewan Employment Act, you can file a formal or complaint with the Employment Standards
employment standards set
out in Part II
of The Saskatchewan
Employment Act, you can file a formal or complaint with the Employment Standards
Employment Act, you can file a formal or complaint with the
Employment Standards
Employment Standards Division.
Parties are precluded, however, from «contracting
out»
of employment standards minimum protections.
The most significant differences between the provinces tend to be found in the various provincial
employment standards legislation which sets
out the minimum
standards governing various aspects
of the
employment relationship.
Justice Glithero found that the termination clause breached the ESA writing «[b] oth Machtinger at para. 26 and s. 5 (1)
of the ESA make any provisions that attempt to contract
out of minimum
employment standards, by providing for lesser benefits than those legislated as minimums, «null and void»».
The Supreme Court
of Canada confirmed in Machtinger v. HOJ Industries Ltd., 1992 CanLII 102 (SCC) that a termination clause will be enforced by the court as long as it meets the minimum
standards set
out in the
Employment Standards Act (and / or other relevant employment leg
Employment Standards Act (and / or other relevant
employment leg
employment legislation).
Parties to an
employment contract are free to contract
out of the implied obligation
of reasonable notice in favor
of a «statutory minimum» notice period, provided the contractual wording is clear and does not offend
employment standards legislation.
The new legislation allows Quebec to enter into reciprocal agreements with other Canadian provinces and territories to enforce the payment
of wages and other moneys owed to local employees
of Quebec - based organizations, as laid
out in the other jurisdictions» respective
employment standards legislation.
«The long term objective
of this initial proposed
employment accessibility
standard is to set
out policies, procedures and requirements for the identification, removal and prevention
of barriers across all stages
of the
employment life cycle for persons with disabilities.»
Just Cause is defined by the current state
of this evolving doctrine, and the evolving
employment standards «carved -
out».
RECRUITMENT CONSULTANT BIRMINGHAM CITY CENTRE # 18 - # 22K PA PLUS UNCAPPED OTE If you have the drive and ambition to succeed in a highly pressurised environment Extra Personnel are currently recruiting for: INDUSTRIAL RECRUITMENT CONSULTANT Hours
of Work — Monday — Friday 40 hrs per week with flexibility to the business KEY DUTIES OF THE RECRUITMENT CONSULTANT * To identify suitable candidates for current and prospective industrial clients * Conduct interviews and full reference including right to work for all workers * To canvass new and existing clients to generate new business opportunities * Ensure that all clients and workers comply with health and safety legislation and promptly refer any concerns to the branch manager * Maintaining quality and ISO procedures in line with Standard Operating Procedures to ensure effective, positive quality audit results * Liaising daily with the clients and managing expectations including job requirements, hours of work and rates of pay * To conform to all statutory employment and contractual legislation * To ensure all administrative requirements are satisfied to ensure candidates are paid correctly, promptly and customers are invoiced promptly and correctly * Covering out of office calls and demands on a rota requirement * On time reporting of key information to Extra Personnel SKILLS REQUIRED FOR A RECRUITMENT CONSULTANT * Strong Sales and Customer service experience within a fast paced changing environment * Able to communicate at all levels from worker to director * Excellent organisational skills and the ability to prioritise workloads which continually change * Computer literate — outlook, excel and word * Ability to report critical information accurately and to tight deadlines * Ability to use a common sense approach to problem solving * Full UK driving license required BENEFITS As part of our commitment our Recruitment Consultant will also receive: * Excellent salary and bonus opportunities * Healthcare Scheme * Pension * Min 23 days holiday plus Bank Holidays rising to a maximum of 29 days plus Bank Holidays * Plus an additional days holiday for your Birthday * Continued advancement traini
of Work — Monday — Friday 40 hrs per week with flexibility to the business KEY DUTIES
OF THE RECRUITMENT CONSULTANT * To identify suitable candidates for current and prospective industrial clients * Conduct interviews and full reference including right to work for all workers * To canvass new and existing clients to generate new business opportunities * Ensure that all clients and workers comply with health and safety legislation and promptly refer any concerns to the branch manager * Maintaining quality and ISO procedures in line with Standard Operating Procedures to ensure effective, positive quality audit results * Liaising daily with the clients and managing expectations including job requirements, hours of work and rates of pay * To conform to all statutory employment and contractual legislation * To ensure all administrative requirements are satisfied to ensure candidates are paid correctly, promptly and customers are invoiced promptly and correctly * Covering out of office calls and demands on a rota requirement * On time reporting of key information to Extra Personnel SKILLS REQUIRED FOR A RECRUITMENT CONSULTANT * Strong Sales and Customer service experience within a fast paced changing environment * Able to communicate at all levels from worker to director * Excellent organisational skills and the ability to prioritise workloads which continually change * Computer literate — outlook, excel and word * Ability to report critical information accurately and to tight deadlines * Ability to use a common sense approach to problem solving * Full UK driving license required BENEFITS As part of our commitment our Recruitment Consultant will also receive: * Excellent salary and bonus opportunities * Healthcare Scheme * Pension * Min 23 days holiday plus Bank Holidays rising to a maximum of 29 days plus Bank Holidays * Plus an additional days holiday for your Birthday * Continued advancement traini
OF THE RECRUITMENT CONSULTANT * To identify suitable candidates for current and prospective industrial clients * Conduct interviews and full reference including right to work for all workers * To canvass new and existing clients to generate new business opportunities * Ensure that all clients and workers comply with health and safety legislation and promptly refer any concerns to the branch manager * Maintaining quality and ISO procedures in line with
Standard Operating Procedures to ensure effective, positive quality audit results * Liaising daily with the clients and managing expectations including job requirements, hours
of work and rates of pay * To conform to all statutory employment and contractual legislation * To ensure all administrative requirements are satisfied to ensure candidates are paid correctly, promptly and customers are invoiced promptly and correctly * Covering out of office calls and demands on a rota requirement * On time reporting of key information to Extra Personnel SKILLS REQUIRED FOR A RECRUITMENT CONSULTANT * Strong Sales and Customer service experience within a fast paced changing environment * Able to communicate at all levels from worker to director * Excellent organisational skills and the ability to prioritise workloads which continually change * Computer literate — outlook, excel and word * Ability to report critical information accurately and to tight deadlines * Ability to use a common sense approach to problem solving * Full UK driving license required BENEFITS As part of our commitment our Recruitment Consultant will also receive: * Excellent salary and bonus opportunities * Healthcare Scheme * Pension * Min 23 days holiday plus Bank Holidays rising to a maximum of 29 days plus Bank Holidays * Plus an additional days holiday for your Birthday * Continued advancement traini
of work and rates
of pay * To conform to all statutory employment and contractual legislation * To ensure all administrative requirements are satisfied to ensure candidates are paid correctly, promptly and customers are invoiced promptly and correctly * Covering out of office calls and demands on a rota requirement * On time reporting of key information to Extra Personnel SKILLS REQUIRED FOR A RECRUITMENT CONSULTANT * Strong Sales and Customer service experience within a fast paced changing environment * Able to communicate at all levels from worker to director * Excellent organisational skills and the ability to prioritise workloads which continually change * Computer literate — outlook, excel and word * Ability to report critical information accurately and to tight deadlines * Ability to use a common sense approach to problem solving * Full UK driving license required BENEFITS As part of our commitment our Recruitment Consultant will also receive: * Excellent salary and bonus opportunities * Healthcare Scheme * Pension * Min 23 days holiday plus Bank Holidays rising to a maximum of 29 days plus Bank Holidays * Plus an additional days holiday for your Birthday * Continued advancement traini
of pay * To conform to all statutory
employment and contractual legislation * To ensure all administrative requirements are satisfied to ensure candidates are paid correctly, promptly and customers are invoiced promptly and correctly * Covering
out of office calls and demands on a rota requirement * On time reporting of key information to Extra Personnel SKILLS REQUIRED FOR A RECRUITMENT CONSULTANT * Strong Sales and Customer service experience within a fast paced changing environment * Able to communicate at all levels from worker to director * Excellent organisational skills and the ability to prioritise workloads which continually change * Computer literate — outlook, excel and word * Ability to report critical information accurately and to tight deadlines * Ability to use a common sense approach to problem solving * Full UK driving license required BENEFITS As part of our commitment our Recruitment Consultant will also receive: * Excellent salary and bonus opportunities * Healthcare Scheme * Pension * Min 23 days holiday plus Bank Holidays rising to a maximum of 29 days plus Bank Holidays * Plus an additional days holiday for your Birthday * Continued advancement traini
of office calls and demands on a rota requirement * On time reporting
of key information to Extra Personnel SKILLS REQUIRED FOR A RECRUITMENT CONSULTANT * Strong Sales and Customer service experience within a fast paced changing environment * Able to communicate at all levels from worker to director * Excellent organisational skills and the ability to prioritise workloads which continually change * Computer literate — outlook, excel and word * Ability to report critical information accurately and to tight deadlines * Ability to use a common sense approach to problem solving * Full UK driving license required BENEFITS As part of our commitment our Recruitment Consultant will also receive: * Excellent salary and bonus opportunities * Healthcare Scheme * Pension * Min 23 days holiday plus Bank Holidays rising to a maximum of 29 days plus Bank Holidays * Plus an additional days holiday for your Birthday * Continued advancement traini
of key information to Extra Personnel SKILLS REQUIRED FOR A RECRUITMENT CONSULTANT * Strong Sales and Customer service experience within a fast paced changing environment * Able to communicate at all levels from worker to director * Excellent organisational skills and the ability to prioritise workloads which continually change * Computer literate — outlook, excel and word * Ability to report critical information accurately and to tight deadlines * Ability to use a common sense approach to problem solving * Full UK driving license required BENEFITS As part
of our commitment our Recruitment Consultant will also receive: * Excellent salary and bonus opportunities * Healthcare Scheme * Pension * Min 23 days holiday plus Bank Holidays rising to a maximum of 29 days plus Bank Holidays * Plus an additional days holiday for your Birthday * Continued advancement traini
of our commitment our Recruitment Consultant will also receive: * Excellent salary and bonus opportunities * Healthcare Scheme * Pension * Min 23 days holiday plus Bank Holidays rising to a maximum
of 29 days plus Bank Holidays * Plus an additional days holiday for your Birthday * Continued advancement traini
of 29 days plus Bank Holidays * Plus an additional days holiday for your Birthday * Continued advancement training
These central principles inspire us to reach
out to those in need and to help heal the whole person - mind, body and spirit.Queen
of the Valley Medical Center combines the region's most qualified physicians and staff with the most advanced technology available.Because we have such high
standards of care, our programs have been recognized regionally and nationally for their demonstrated success
of outcome and care which is par with university hospitals.Queen
of the Valley Medical Center provides equal
employment opportunities (EEO) to all employees and applicants for
employment without regard to race, color, religion, sex, national origin, age, disability or genetics.In addition to federal law requirements, Queen
of the Valley Medical Center complies with applicable state and local laws governing nondiscrimination in
employment in every location in which the company has facilities.This policy applies to all terms and conditions
of employment, including recruiting, hiring, placement, promotion, termination, layoff, recall, transfer, leaves
of absence, compensation and training.Positions specified as «on call / per diem» refers to
employment consisting
of shifts scheduled on as «as needed basis» to fill in for staff vacancies.