In the dynamic landscape of Ontario’s labour market, staying informed about the latest legislative developments is crucial for both employers and employees alike. In 2023, the realm of employment laws underwent a profound transformation, introducing a series of impactful changes. These latest revisions to the Working for Workers Act, 2023 continue to reshape the landscape for both employers and employees.
The below applies to provincially regulated businesses.
- Temporary help agency and recruiter licensing
Beginning on July 1, 2024, under the Employment Standards Act, 2000:
Temporary help agencies are required to hold a license to operate.
- Clients are prohibited from knowingly engaging or using the services of a temporary help agency unless the agency holds a license.
Recruiters are required to hold a license to act as a recruiter.
- Employers, prospective employers, and other recruiters are prohibited from knowingly engaging or using the services of any recruiter that does not hold a license.
Non-compliance with these requirements carries substantial risks, including financial penalties of up to $50,000 for agencies or recruiters providing misleading information during their application or operating without a license.
- Mass termination
Effective October 26, 2023, in cases of mass termination (when an employer terminates the employment of 50 or more employees at its establishment within a 4-week period), the term “establishment” includes an employee’s home, but only if the employee works from home and does not work at any other location where the employer carries on business.
This requires that employees who work exclusively remotely be considered for inclusion in the count when determining whether 50 or more employees have been terminated.
- Reservist leave
Effective October 26, 2023, employees who are reservists have a right to an unpaid leave of absence if they will not be performing the duties of their position because they are in treatment, recovery, or rehabilitation for a physical or mental health illness, injury,m,, or medical emergency.
Working for Workers Four Act, 2023
The Ontario government presented Bill 149, titled the Working for Workers Four Act, 2023, on November 14, 2023. While the Ontario government is still considering these changes, it is set to bring amendments to various statutes, notably the Employment Standards Act, 2000.
Pay Transparency and Job Postings:
According to the proposed changes, employers engaging in “publicly advertised job postings” would be mandated to incorporate information regarding the anticipated compensation for the position or a specified compensation range as part of the posting.
Additionally, the bill puts forth several requirements related to publicly advertised job postings and application forms, including the prohibition of employers from imposing any prerequisites concerning Canadian work experience. Moreover, employers would be obligated to disclose whether they utilize artificial intelligence for the screening, assessment, or selection of applicants.
Other changes may include:
- Ban unpaid “trial shifts” for new restaurant and hospitality workers
- Enable “super indexing” increases to Workplace Safety and Insurance Board benefits above annual inflation rates
With The Working for Workers Act, 2023 successfully obtaining Royal Assent, while the Working for Workers Four Act, 2023 is presently under deliberation in the Ontario Legislature, it is evident that the provincial government is actively shaping the future of labor regulations. The evolving landscape presents both challenges and opportunities, emphasizing the importance of staying informed and proactive in navigating the intricacies of employment law.
To find out more about the wide variety of services RLB People can provide you with, contact the team at people@rlb.ca or visit their website at people.rlb.ca.
