The COVID-19 pandemic has disrupted workforces across the globe as employers and employees struggle to establish a “new normal”. In Ontario, the social and economic strains of the pandemic have prompted government officials to respond to everchanging circumstances and shifting workforce demands through the legislative process.
The COVID-19 pandemic has disrupted workforces across the globe as employers and employees struggle to establish a “new normal”. In Ontario, the social and economic strains of the pandemic have prompted government officials to respond to everchanging circumstances and shifting workforce demands through the legislative process.
On October 25, 2021, the Ontario government introduced Bill 27, the Working for Workers Act, 2021, which proposed various measures aimed to benefit employees and if passed, would directly impact employers in a variety of ways. On December 02, 2021, Bill 27 passed and received Royal Assent; this means that the proposed changes have now become law and have since come into force.
What Do These Changes Mean for Employers?
Recognizing the pressures of the pandemic, Bill 27 proposed many employee-friendly amendments to various pieces of employment-related legislation. Some of these changes include:
- Employers with 25 or more employees must implement a “Disconnect from Work” policy (effective June 02, 2022);
- Recruiting and temporary help agencies are now required to be licensed;
- Employers are prohibited from knowingly using the services of recruiters who have charged fees to foreign nationals;
- Certain regulated professions are prohibited from including a Canadian experience requirement as a qualification for an internationally trained professional to obtain a license;
- Businesses open to the public must now afford delivery workers washroom access;
- Employers must raise their general minimum wage from $14.35 to $15.00 per hour;
and
- Employers are retroactively prohibited from entering into an agreement which prohibits an employee from engaging in any business, work, occupation, profession, project, or other activity that is in competition with the employer’s business after the employment relationship has ended (otherwise known as a non-compete clause).
We encourage employers to be proactive and review their contract templates to ensure the removal of non-competition provisions going forward – unless the employee falls under a “chief executive” exception.
We further recommend that employers who engage in recruiting services and temporary help agencies immediately take steps to verify that they are licensed and that all employers begin taking steps toward the development of a “disconnect from work” policy, unless an exemption exists.
Employer’s Tip: Minimize your risk and contact a legal professional today. Betty’s Law Office offers comprehensive contract and policy reviews to ensure the utmost legal compliance.
What Do These Changes Mean for Employees?
Employees can now enjoy greater protection and higher minimums, while foreign nationals can enjoy fair access to regulated professions and trades.
Employee’s Tip: We recommend that you know and exercise your rights. If you find yourself in a situation where your employer has not implemented these changes, contact us to explore your legal options.
To schedule a consultation, contact our team at 416-972-9472 or fill out our online form.
