Bill 95 2006

An Act to amend the Employment Standards Act, 2000 and the Occupational Health and Safety Act with respect to providing information to student employees about employment rights

Note: This Act amends or repeals more than one Act.  For the legislative history of these Acts, see Public Statutes – Detailed Legislative History on www.e-Laws.gov.on.ca.

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

Employment Standards Act, 2000

   1.  The Employment Standards Act, 2000 is amended by adding the following section:

Information re student employees

Interpretation

   2.1  (1)  In this section,

“student employee” means an employee who is a student under 18 years of age and,

  (a)  works fewer than 28 hours in a work week, or

  (b)  is employed during a school holiday.

Minister to prepare poster and booklet

   (2)  The Minister shall prepare and publish a poster and a booklet in accordance with the following requirements:

    1.  The poster and the booklet shall provide the following information:

            i.  A statement that the minimum wage for student employees is different than the minimum wage for most other employees.

           ii.  A statement of the current minimum wage for student employees and for other employees, as prescribed by the regulations.

          iii.  A statement that the employer must pay all wages earned, including, where the employment contract so provides, wages earned for time worked immediately before the start of a shift or immediately after the end of a shift.

          iv.  A summary prepared by the Director of Employment Standards of the rights set out in Parts VII (Hours of Work and Eating Periods), VIII (Overtime Pay), IX (Minimum Wage), X (Public Holidays), XI (Vacation with Pay), XIV (Leaves of Absence), and XV (Termination and Severance of Employment) of this Act and, where the Director considers appropriate, an explanation of complex provisions in the Act and their interaction.

           v.  A summary prepared by the Director or Directors appointed under the Occupational Health and Safety Act of the rights set out in Part V (Right to Refuse or to Stop Work Where Health or Safety In Danger) of that Act and, where the Director or Directors consider appropriate, an explanation of complex provisions in the Act and their interaction.

          vi.  Information about how to contact,

                  A.  the Employment Standards Branch,

                  B.  the Occupational Health and Safety Branch, and

                  C.  the local union, if applicable.

    2.  The information provided in the poster and the booklet shall be written in plain, non-legal language that is easy for student employees to understand.

    3.  The poster and the booklet shall be in both English and French.

    4.  The poster and the booklet shall provide the same information.

Design requirements of poster

   (3)  The poster shall,

  (a)  have dimensions of at least 60 centimetres by 100 centimetres; and

  (b)  have a title that is at least 5 centimetres in height.

If poster or booklet not up to date

   (4)  If the Minister believes that the poster and the booklet prepared under subsection (2) have become out of date, he or she shall prepare and publish a new poster and booklet.

Material to be posted

   (5)  Every employer who employs a student employee shall post and keep posted a copy of the most recent poster published by the Minister under this section in at least one conspicuous place in every workplace of the employer where it is likely to come to the attention of student employees in that workplace.

Poster to be visible and in good repair

   (6)  Every employer shall ensure that the poster is at all times unobstructed, clean and in good repair.

Booklet to be distributed

   (7)  Every employer shall provide to every student employee, immediately on hiring the student employee, a copy of the most recent booklet published by the Minister under this section.

Record of distribution of booklet

   (8)  Every employer shall keep a record of the name of every student employee whom the employer hires, the date on which the student employee is hired and the date on which the booklet is given to the student employee, and the student employee shall acknowledge that he or she has received and read the booklet by signing the record.

Where majority language not English or French

   (9)  If the majority language of a workplace of an employer is a language other than English or French, the employer shall so notify the Minister and in the notice shall identify the majority language of the workplace.

Minister to provide translation to employer

   (10)  If the Minister receives a notice under subsection (9), the Minister shall,

  (a)  if the Minister has prepared a translation of the poster and the booklet into the majority language identified in the notice, provide it to the employer; or

  (b)  if the Minister has not prepared such a translation of the poster and the booklet, prepare one within 45 days of the day the notice was given, and provide it to the employer.

Employer to provide translation to student employee

   (11)  The employer shall, on receiving the translation provided by the Minister under subsection (10),

  (a)  post and keep posted a copy of the translation of the poster next to the copy of the poster; and

  (b)  include a copy of the translation of the booklet with the copy of the booklet when providing the booklet to a student employee.

Transition

   (12)  The requirements set out in this section apply in respect of student employees who are hired on or after the day the Employment Statute Law Amendment Act (Informing Students of their Employment Rights), 2006 comes into force.

Occupational Health and Safety Act

   2.  The Occupational Health and Safety Act is amended by adding the following section:

Duty of employer to provide information about Act

Interpretation

   26.1  (1)  In this section,

“student employee” has the same meaning as in subsection 2.1 (1) of the Employment Standards Act, 2000.

Material to be posted

   (2)  Every employer who employs a student employee shall post and keep posted a copy of the most recent poster published by the Minister under section 2.1 of the Employment Standards Act, 2000 in at least one conspicuous place in every workplace of the employer where it is likely to come to the attention of student employees in that workplace.

Poster to be visible and in good repair

   (3)  Every employer shall ensure that the poster is at all times unobstructed, clean and in good repair.

Booklet to be distributed

   (4)  Every employer shall provide to every student employee, immediately on hiring the student employee, a copy of the most recent booklet published by the Minister under section 2.1 of the Employment Standards Act, 2000.

Record of distribution of booklet

   (5)  Every employer shall keep a record of the name of every student employee whom the employer hires, the date on which the student employee is hired and the date on which the booklet is given to the student employee, and the student employee shall acknowledge that he or she has received and read the booklet by signing the record.

Where majority language not English or French

   (6)  If the majority language of a workplace of an employer is a language other than English or French, the employer shall so notify the Minister and in the notice shall identify the majority language of the workplace.

Minister to provide translation to employer

   (7)  If the Minister receives a notice under subsection (6), the Minister shall,

  (a)  if the Minister has prepared a translation of the poster and the booklet into the majority language identified in the notice, provide it to the employer; or

  (b)  if the Minister has not prepared such a translation of the poster and the booklet, prepare one within 45 days of the day the notice was given, and provide it to the employer.

Employer to provide translation to student employee

   (8)  The employer shall, on receiving the translation provided by the Minister under subsection (7),

  (a)  post and keep posted a copy of the translation of the poster next to the copy of the poster; and

  (b)  include a copy of the translation of the booklet with the copy of the booklet when providing the booklet to a student employee.

Transition

   (9)  The requirements set out in this section apply in respect of student employees who are hired on or after the day the Employment Statute Law Amendment Act (Informing Students of their Employment Rights), 2006 comes into force.

Commencement

   3.  This Act comes into force on the day it receives Royal Assent.

Short title

   4.  The short title of this Act is the Employment Statute Law Amendment Act (Informing Students of their Employment Rights), 2006.

 

EXPLANATORY NOTE

The Bill amends the Employment Standards Act, 2000 and the Occupational Health and Safety Act to require employers to give their student employees specified information about both Acts by posting a poster in workplaces and providing copies of a booklet.