GWL3O
Unit 2: Look Outward
Activity 5: Don't Hate. Legislate!
Carolyn has always been an avid reader and writer, and is passionate about working in journalism someday. Recognizing that journalism can be a very competitive field, Carolyn knew she would need to obtain the required credentials and gain some experience in entry level positions as she worked toward her long term goal of becoming an Editor-in-Chief with a major newspaper.
A few years ago, Carolyn filled in as a temporary employee at a small local newspaper, taking on the position of Copy Editor. The hours were sparse but she was happy to have a ‘foot in the door.’ Recognizing her skill and determination, the paper offered Carolyn a part-time position as Editorial Assistant, that later grew into full time employment. Recognizing the nature of jobs in this field, Carolyn was ready to adjust her lifestyle to accommodate the ‘irregular’ work schedule.
With the recent dismissal of one of her colleagues, Carolyn's workload grew enormously, and eventually Carolyn began to feel overwhelmed by the hours and deadlines. She was hopeful that relief would come soon, but had heard very little about a potential replacement for her former colleague.
Recognizing that Carolyn was observably under duress, and was working hours that prohibited her from her regular recreational and social activities, her friends became very concerned. Soon they began to question Carolyn about her schedule, her hours, the composition of her workday, and the last time she had a holiday. Carolyn insisted that everything was fine, stressing the importance of the position to her career goal, and assuring her friends that the current circumstances were manageable and only temporary. However, her friends thought otherwise.
Think About It: When A Job Becomes Unmanageable
If you were one of Carolyn’s friends what information and/or advice would you have for her?
Learn About It: Employment Standards, Human Rights, and Employment Equity
Most workers in Canada - about 90% - are protected by the employment laws of their province or territory.
Do you know what your rights are as a worker? Did you know that these rights are protected under the law?
Hours of work, minimum wages, sick days, vacation and many more related items are spelled out as Employment Standards. Each province and territory has its own employment laws, defined under its Employment Standards Act (ESA) or Employment Standards Code (ESC). These laws outline employment standards for workplaces. In fact, it is mandatory for employers to place an ESA or ESC poster in plain sight of their employees in their workplaces so that employees are aware of them. For more information on these minimum standards in Ontario, visit the Ontario Ministry of Labour, Training and Skills Development Website. Pay particular attention to the ‘Your Guide to the ESA’ section under ‘Key Resources,’ investigating any of the topics that are of interest and relevance to you. For instance, if you, or someone close to you, works in the foodservice industry, you will want to look at the ‘Tips and Other Gratuities’ section. Are you under 25? If so, you will definitely want to check out the ‘Young Workers’ sections to learn more about your rights and entitlements as a worker.
the minimum standards established by law that define and guarantee rights in the workplace.
The remainder of Canadian employees work in places that are federally regulated. Examples include many banks, marine shipping, air transportation, interprovincial railways and road transportation, television broadcasting, and more. (For a complete list, visit Regulated Industries). In these workplaces, Canada’s Labour Program administers the standards that define employment conditions.
Under the Canadian Human Rights Act (CHRA), discrimination on the basis of gender, race, ethnicity, age and a number of other grounds is prohibited. As well, the Employment Equity Act (EEA), which falls under the Department of Justice Canada, protects the rights of four “designated groups” in particular: women, people with disabilities, Aboriginal people, and visible minorities. The CHRA and the EEA work together to prohibit discrimination, while the EEA also requires employers to use measures that improve employment opportunities for the four designated groups.
The EEA requires employers to use measures that improve employment opportunities for women, people with disabilities, Aboriginal people, and visible minorities.
Learn About It: Ontario’s Employment Standards Act
Let's turn our attention specifically to Ontario's employment standards as defined in its Employment Standards Act (ESA).
Take some time to become familiar with the act by watching this brief video produced by the Ontario Ministry of Labour:
Now, examine some of the standards contained in the act a little more closely by checking out this poster which is also produced by the Ontario Ministry of Labour, Training and Skills Development, available here!
Work With It: Employment Standards and Me
Think about a workplace in which you currently work or have previously worked. Alternatively, you can consult someone you know who is presently employed. Construct a document entitled, ‘Employment Standards Where I Work.’ In the document, construct a table, as shown below, in which you:
- describe, generally, the place of employment (e.g., a locally owned and operated gym, a fast food franchise restaurant, etc.);
- list a minimum of five (5) employment standards that you feel are very pertinent to the position, workplace, or personal circumstance of yourself or the person you are consulting;
- provide the main requirements of each of the employment standards by copying them from the links provided above; and
- comment on the degree to which you feel each of the standards is being met, along with an explanation. Remember that some occupations may not be held to certain standards for various reasons.
IMPORTANT: Do not name the workplace or any individuals, or provide any other information that may identify the specific institution, agency, business, or industry.
The The Ontario Ministry of Labour’s Employment Standards: Topics and Publications page will be very helpful. Here are just a sample of the items for which the specific requirements are defined (but don’t limit yourself to selecting from only these - check out the page for a complete list):
Save a copy of the completed table in your portfolio.
meets the standards set forth
Learn About It: Ontario Ministry of Labour’s Employment Standards Inspection Blitzes
As you learned from the previous video, Employment Standards Officers from the Ontario Ministry of Labour conduct workplace inspections to assess compliance with employment standards. During the year, the Ministry will launch inspections blitzes, each focusing on a particular sector(s) and/or geographic area. The purpose of the visits is to verify compliance with core ESA standards, such as the Employment Standards Poster requirements, wage statements, unauthorized deductions, record keeping, hours of work, eating periods, overtime pay, minimum wage, public holidays and vacation with pay. Inspections are also aimed at educating employers and employees about their rights and responsibilities under the ESA, and helping them to find more information.
Employment Standards Officers from the Ontario Ministry of Labour conduct workplace inspections to assess compliance with employment standards.
During a visit, the Employment Standards Officers can issue a non-monetary Compliance Order that demands an employer or other person to stop violating a standard. They can also issue an order to pay wages if correct amounts have not been paid to employees based on Ontario’s employment standards. As well, the officer may issue a ticket, thereby forcing the owner to pay a fine, or issue a Notice of Contravention, which comes with a prescribed penalty.
One such inspection blitz was conducted from September 1 to October 31, 2016, focusing on repeat violators who have a history of noncompliance. Take a few moments to check out the results of the 104 inspections conducted during this Fall 2016 blitz, focusing on the violations and results. Be sure to take notes on points that you find significant: Ontario Ministry of Labour: Blitz Results: Repeat Violators/Zero Tolerance 2016
Ontario Ministry of Labour’s Employment Standards Inspection Blitzes
In 2015, a larger province-wide blitz, involving 204 workplaces, was conducted. Check out The Toronto Star’s report on the blitz, focusing on the infractions, the businesses that were in contravention, the consequences for noncompliance, and the responses from employers. Be sure to take notes on points that you find significant:
Of course this is only one news report on one of blitzes. As you know, it is important to gather information from a variety of sources before being able to formulate a grounded and informed opinion, stance, or answer to a question. Take some time to investigate other sources of information regarding the inspection blitzes, taking notes on points that you find significant as well as recording source information for proper citation.
We often assume that our employers will be well-versed in the provisions under the Employment Standards Act, such as expectations for wages, deductions, weekly schedule, hours, breaks, and holidays. We may also assume that these provisions are consistently being observed. However, as we have learned, this is not always the case. Fortunately, part of the responsibility of Ontario’s Ministry of Labour is to play the role of ‘watchdog,’ and verify whether employment standards are being met and intervening when they are not.
As a worker, it is important that you know the employment standards that apply to your workplace and understand your rights under labour law. If you feel that employment standards are not being followed in your workplace, or that your rights are being violated, it is important for you to ask questions, starting from within your workplace. If you are still not satisfied, you can seek additional information from, for instance, the Employment Standards Call Centre at 1-800-531-5551.
What are the personal consequences to workers when employers are either unaware or choose not to adhere to legislated employment standards?
Think About It: What Standards Will I Look for in My Employment?
Given what you have learned, and your current career aspirations, what standards will you be looking for when obtaining employment in your chosen field?
Introduction
Learning Goals and Success Criteria
Learning Skills and Work Habits
Rubric 1