The purpose of this monitoring was to ensure that employers implement these agreements in good faith and for a good cause, as they have the effect of reducing the amount of overtime pay to which a worker can claim. This is now being eliminated and employers and employees can enter into these agreements without the consent of the department. From an employer perspective, average agreements can save money; However, without departmental instructions, employers could implement funding agreements that are not correct. An inoperable agreement could open the employer to liability and subsequent litigation on an individual or collective basis. Bill 66 proposes to amend the LRA so that larger public institutions such as municipalities, headteachers, hospitals, higher education institutions, universities and other public institutions are classified as ”undified employers.” As it stands, employers who are not working in the construction industry can apply to the Labour Relations Board of Ontario to be declared ”non-builders.” If Bill becomes Bill 66, all collective agreements called unded employers with unions representing workers in the construction industry would no longer apply. This means that employers may eventually recruit independent contractors from trade unions for construction projects. On April 3, 2019, Bill 66, Restoring Ontario`s Competitiveness Act, 2019 (”Bill 66”) received royal approval and is now law. Bill 66 has made changes to a number of statutes. The esa changes have removed barriers that prevent employers from spending overtime and additional employment contracts with their employees. If you have any questions about the Bill 66 amendments or would like assistance with the implementation of overtime or overtime credit agreements in your workplace, please contact a member of the Siskinds Labour Employment Group. While employers have yet to adapt to the provisions of the legislation, we hope that they will be able to move quickly through the legislative process, given the rapid implementation of Bills 47 and 57.
PooranLaw will be watching Bill 66 closely and keeping you updated during its development. Excessive working time – The maximum weekly working time remains unchanged, 48. Until now, authorization has been required for employees to enter into agreements that exceed the maximum. A written agreement between the employee or the bargaining unit and the employer is always necessary to exceed the maximum, but the agreement of the Director of Employment Standards is not necessary. ESA currently prohibits workers from working more than 48 hours per week unless they authorize it by the department`s Director of Employment Standards (the ”Director”) While employers would remain required to enter into written agreements with workers regarding overtime, Bill 66 would eliminate the need for the Director to approve overtime. Other ESA overtime provisions, such as the . B, the requirements for daily and weekly leave remain in effect. Employees can still revoke overtime contracts with a two-week delay.
