Essay about Employment Law

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1. All of the employees referred to here have a regular work day of 8 hours per day. Each of their employers is planning on having employees work 10 hours on an exceptional day in the future. Separately, for each employer, state whether the employer can require employees to work the 10 hour day, or the employees must agree to work the additional hours?

a) Apartment building superintendents: In this case the employee would have to agree in writing to work the additional hours, as the example suggests that all of the employees have a regular work day of 8 hours per day. The employer is required to provide the employees with the most up to date version of the information bulletin from the Ministry of Labour titled “Information for Employees about Hours of Work and Overtime Pay.” b) Employees working in a mineral exploration: These employees are not covered by the daily and weekly limits on hours of work, if the employer and the employee agree in writing, the general rule does not apply and instead the following should be followed:

1. The employee shall not work more than 28 consecutive days;
2. The employee shall be given a period of time free from work equal to the number of days of consecutive work immediately before the free period, divided by 3
3. If the number of days of consecutive work immediately before the free period divided by 3 is not a whole number, the number shall be rounded up to the next higher whole number
4. If the free period consists of 2 or more days, the days shall be consecutive and shall be given before the employee returns to work. c) Road construction employees: These employees are not covered by the daily and weekly limits on hours of work. The general overtime rule does not apply to these employees therefore the employer can require employees to work the 10 hour day. If they are busy at the site of road construction in relation to streets, highways or parking lots, they are entitled to be paid overtime for hours worked in excess of 55 in a work week. If they are working at the site of road construction in relation to structures, such as bridges or tunnels, employees are entitled to overtime pay for hours worked in excess of 50 in a week. d) Swimming pool installers: In this case the employee would have to agree in writing to work the additional hours, The employer is required to provide the employees with the most up to date version of the information bulletin from the Ministry of Labour titled “Information for Employees About Hours of Work and Overtime Pay Employees as this employers is not covered by the daily and weekly limits on hours of work as specified in Part VII s.17 & 19 of the Act, therefore the employer could require employees to work the 10 hour day.

2. You have asked one of your employees, Bob, to work on Thanksgiving Day and he has said he is willing to work. [Thanksgiving Day is a public holiday on the second Monday in October.] Your regular pay week is Monday through Sunday. Bob regularly works Monday through Friday 8 hours per day and is paid $12 per hour. Bob is not paid vacation pay during the year - he is paid his vacation pay before he takes his vacation time, and his last vacation was in July.

a.) What should you do to implement this?
Bob would be entitled to his vacation pay based on section 33 of the ESA which states:
33. (1) an employer shall give an employee a vacation of at least two weeks after each vacation entitlement year that he or she completes. 2002, c. 18, Sched. J, s. 3 (18) (Filsinger p. 182).
Bob would be receive his vacation pay prior to his vacation time at 4% of his annual in accordance to section 35.2 of the ESA. To implement the date of vacation pay being issued a clear agreement would be included in the employee contract issued by the employer and agreed to by Bob as per section 36.4 of the ESA.
35.(2) An employer shall pay vacation pay to an employee who is entitled to vacation under section 33 or 34 equal to at
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