For more information on work and pay requirements, check out
your provincial employment standards legislation.
Federal and
provincial employment standards legislation mandate that employers must provide overtime pay, regardless of whether you earn commissions, a base salary or an hourly rate.
In spite of Matiowski's agreement to waive the payment for any overtime he worked, an Ontario judge recently concluded that
the provincial employment standards legislation must prevail.
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.
Despite their prevalent use in many sectors, unpaid internships are often not in compliance with
provincial employment standards legislation.
For provincially regulated employees, the job protection and leave entitlements will remain the same (i.e. usually based on a standard 12 month leave) unless the provincial legislatures also change the applicable
provincial employment standards legislation.
Not exact matches
Existing leave provisions under
provincial employment or labour
standards legislation remain unchanged by Budget 2017.
However,
provincial and territorial
employment / labour
standards legislation are responsible for providing and regulating the actual leave component.
It's fair to say that employers across Ontario were prepared for the
provincial government to introduce at least some labour reforms as part of the Changing Workplaces Review, which put everything from the province's
employment standards to human rights
legislation under the microscope.
Entitlements for job protected leaves for provincially regulated employees continue under the applicable
provincial employment or labour
standards legislation.
Employment standards for employees working in Ontario pursuant to
provincial legislation are governed by the
Employment Standards Act, 2000.
Where a general statement of law applies to every jurisdiction and will be based on common caselaw principles, such as a Supreme Court of Canada decision or a consensus of appellate cases in various provinces, or on a common statutory provision, such as a similar
provincial rule of civil procedure, or common
employment standards legislation:
In the absence of changes to
provincial or territorial
employment / labour
standards legislation, an employer faced with a request by an employee to grant an extended maternity / parental leave to match the period in which the employee is entitled to EI benefits for 18 months, may have to decline the request or accommodate the employee.