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Naukri & Paisa

Agrrement to work on public holiday in Ontario

Friday, 30 July 2010 19:09
Print PDF
What is the Employment Standards Act?
 
The Employment Standards Act is the law that contains basic rules about employing people and working. Both employees and employers have rights and
responsibilities under the Act.
 
Does the Act cover all employees in Ontario?
 
Most employees are covered by the provincial legislation. However, employees working in industries that fall under Federal jurisdiction, such as, Post office, Banks, Railways, Radio stations, Airlines, Television stations etc. are not covered. 
 
If you are member of the trade union and your contract of employment is governed by the collective agreement, you may not be covered by the Act.
 
If you are currently employed with the company, you may be able to file a claim with a request that your name not be disclosed. The Act protects you when you are exercising your rights under it.
 
Section 30 (1) of the Act states:
 
An employee and employer may agree that the employee will work on public holiday that falls on a day that would not ordinarily be a working day for that employee or on a day on which the employee is on vacation, and if they do, section 29 does not apply to the employee.
 
This section clarifies that the employer and the employee may agree in writing that the employee will work on a public holiday which is not normally his working day, the entitlement would be based on section 30 (2) of the Act rather than as set in section 29.
 
Section 30 (2) of the Act states:
 
Subject to subsection (3) and (4), if an employer and an employee make an agreement under subsection (1),
 
(a)     the employer shall pay to the employee wages at his or her regular rate for the for the hours worked on public holiday and substitute another day that would ordinarily be a working day for the employee to take off work and for which he or she shall be paid public holiday pay as if the substitute day were a public holiday; or
 
(b)     If the employer and the employee agree, the employer shall pay the employee public holiday pay for the day plus premium pay for each hour worked.
 
This section states that if the employee works on a public holiday, he or she must be given another day off which is normally a working day and in addition, must be paid his or her regular wages for the hours worked. The employer and the employee may also agree that instead of getting a day off, he or she will be paid public holiday pay plus premium rate for the hours worked on public holiday.
 
Section 30 (3) of the Act states:
 
A day that is substituted for a public holiday under clause (2) (a) shall be,
 
(a)     a day that is no more than three months after the public holiday; or
 
(b)     If the employee and the employer agree, a day that is no more than 12 months after the public holiday.
 
This section requires that the employer must give the substituted day within three months of the public holiday or they can agree that the substituted day would be given within 12 months of the public holiday.
 
If you or the employer disagrees with the investigating officer’s decision, both parties have a right to appeal to Ontario Labour Relations Board within 30 days of the officer’s decision. The Board appoints a referee to hear the appeal. It does not cost the employee to request an appeal but the employer may be required to deposit monies in trust with the Ministry of Labour if it is found to be owing. The referee decision is final and binding on both parties.    
 
In the past, the Ministry was very aggressive in defending the rights of an employee and would send a legal counsel to represent the employee at the Board’s hearing to deal with the matter. It rarely does so now. Obviously, the employer has advantage over the employee in these circumstances. The question arises, should the employee also engage the services of a professional? It is my view, employee’s may not engage such services at the officer’s level hearing but may do so at the at the referee level hearing, particularly, if the issues are complex.
 
It is important that if a hearing has been scheduled, the employee must attend such a hearing to present evidence to support its position or to contest the employer’s evidence, otherwise, the officer or the referee may rely on the evidence of the employer to render a decision.   
 
This information is provided for guidance only and should not be considered as a legal advice.

This article is provided by Rajinder K. Batra, who is a retired Employment Standards Officer with the Ministry of Labour with 15 years experience in these matters.

If you have any questions regarding your employment, please contact the writer by e-mail at  This e-mail address is being protected from spambots. You need JavaScript enabled to view it  

If you don’t have access to e-mail; you can fax your question at (905) 331-1805.
 
Add new comment

Public holiday not ordinarily a working day in Ontario (Part 2)

Friday, 30 July 2010 19:09
Print PDF
What is the Employment Standards Act?
 
The Employment Standards Act is the law that contains basic rules about employing people and working. Both employees and employers have rights and
responsibilities under the Act.
 
Does the Act cover all employees in Ontario?
 
Most employees are covered by the provincial legislation. However, employees working in industries that fall under Federal jurisdiction, such as, Post office, Banks, Railways, Radio stations, Airlines, Television stations etc. are not covered. 
 
If you are member of the trade union and your contract of employment is governed by the collective agreement, you may not be covered by the Act.
 
If you are currently employed with the company, you may be able to file a claim with a request that your name not be disclosed. The Act protects you when you are exercising your rights under it.
 
Lay-off Resulting in Termination:
 
Section 29(2.2) of the Act states:
 
Subsection (2.1) does not apply to an employee if his or her employment has been terminated under clause 56(1)(c) and the public holiday falls on or after the day on which the lay-off first exceeded the period of temporary lay-off.
 
This section clarifies that if the employee has been on lay-off for 13 weeks or more before the public holiday falls, he or she is not entitled to public holiday. The employee is considered terminated when he or she is on lay-off for 13 weeks. If the employee is considered terminated then he or she is no longer employee and thus not entitled to public holiday.   
 
Agreement:
 
Section 29(3) of the Act states:
 
An employer and an employee may agree that, instead of complying with subsection (1), the employer shall pay the employee public holiday pay for the public holiday, and if they do subsection (1) does not apply to the employee.
 
This section provides the employer and the employee to agree in writing that instead of giving a day off with pay, the employer can give the employee holiday pay.
 
Exception:
 
Section 29(4) of the Act states:
 
The employee has no entitlement under subsection (1), (2.1), or (3) if he or she fails, without reasonable cause, to work all of his or her last regularly scheduled day of work before the public holiday or all of his or her first regularly scheduled day of work after the public holiday.
 
This section requires that in order to qualify for a public holiday entitlement, the employee must work a day before the public holiday and the day after the public holiday. If he or she does not work on these days then the employee must have a reasonable explanation for not working, that is, was either sick or had some other emergency that prevented him or her to work on those days. If the employee does not have reasonable explanation for not working on these days, he or she loses entitlement to public holiday.
 
Note: An employee who is entitled to a substitute holiday in accordance with section 29 (1) does not lose that entitlement if or she fails to without reasonable cause to work all of his or her last regularly scheduled day of work before or first regularly scheduled day of work after the substitute holiday. An employee does not have to “requalify” for the substitute holiday once they have already earned it.
 
If you or the employer disagrees with the investigating officer’s decision, both parties have a right to appeal to Ontario Labour Relations Board within 30 days of the officer’s decision. The Board appoints a referee to hear the appeal. It does not cost the employee to request an appeal but the employer may be required to deposit monies in trust with the Ministry of Labour if it is found to be owing. The referee decision is final and binding on both parties.    
 
In the past, the Ministry was very aggressive in defending the rights of an employee and would send a legal counsel to represent the employee at the Board’s hearing to deal with the matter. It rarely does so now. Obviously, the employer has advantage over the employee in these circumstances. The question arises, should the employee also engage the services of a professional? It is my view, employee’s may not engage such services at the officer’s level hearing but may do so at the at the referee level hearing, particularly, if the issues are complex.
 
It is important that if a hearing has been scheduled, the employee must attend such a hearing to present evidence to support its position or to contest the employer’s evidence, otherwise, the officer or the referee may rely on the evidence of the employer to render a decision.   
 
This information is provided for guidance only and should not be considered as a legal advice.

This article is provided by Rajinder K. Batra, who is a retired Employment Standards Officer with the Ministry of Labour with 15 years experience in these matters.

If you have any questions regarding your employment, please contact the writer by e-mail at This e-mail address is being protected from spambots. You need JavaScript enabled to view it

If you don’t have access to e-mail; you can fax your question at (905) 331-1805.
Add new comment

Public holiday not ordinarily a working day in Ontario

Friday, 30 July 2010 19:09
Print PDF
What is the Employment Standards Act?
 
The Employment Standards Act is the law that contains basic rules about employing people and working. Both employees and employers have rights and
responsibilities under the Act.
 
Does the Act cover all employees in Ontario?
 
Most employees are covered by the provincial legislation. However, employees working in industries that fall under Federal jurisdiction, such as, Post office, Banks, Railways, Radio stations, Airlines, Television stations etc. are not covered. 
 
If you are member of the trade union and your contract of employment is governed by the collective agreement, you may not be covered by the Act.
 
If you are currently employed with the company, you may be able to file a claim with a request that your name not be disclosed. The Act protects you when you are exercising your rights under it.
 
Section 29(1) of the Act states:
 
If a public holiday falls on a day that would not ordinarily be a working day for an employee or a day on which the employee is on vacation, the employer shall substitute another day that would ordinarily be a working day for the employee to take off work and for which he or she shall be paid public holiday pay as if the substitute day were a public holiday.
 
This section clarifies that the employee must be given a day off if the public holiday falls on a day on which he or she normally does not work and also must be paid public holiday pay for this day. For an employee who normally works Monday to Friday, it means if the public holiday falls on Saturday or Sunday, he or she must be given a day off say, Monday and be paid for that day. For those who work part-time, again, he or she should be given time off based on the average hours they work in the 4 weeks prior to the public holiday and be paid for those hours. Employees already on vacation are also entitled to public holiday on the same basis.
 
Section 29(2) of the Act states:
 
A day that is substituted for a public holiday under section (1) shall be,
 
     (a)    a day that is no more than three months after the public holiday; or
     (b)    if the employee and the employer agree, a day that is no more than 12      
             months after the public holiday.
 
This section defines when the substitute day should be given. It is up to the employer to schedule the day off. It could also be a day prior to the public holiday. Any agreement between the employer and the employee must be in writing and must be signed prior to the expiry of three months after the public holiday.
 
Section 29(2.1) states:
 
If a public holiday falls on a day that would not ordinarily be a working day for an employee and the employee is on a leave of absence under section 46 or 48 or on a layoff on that day, the employee is entitled to public holiday pay for the day but has no other entitlement under this Part with respect to public holiday.
 
This section clarifies that all employees irrespective whether they are on layoff or have taken leave of absence are entitled to public holiday pay but not to a substitute day off.   
 
If you or the employer disagrees with the investigating officer’s decision, both parties have a right to appeal to Ontario Labour Relations Board within 30 days of the officer’s decision. The Board appoints a referee to hear the appeal. It does not cost the employee to request an appeal but the employer may be required to deposit monies in trust with the Ministry of Labour if it is found to be owing. The referee decision is final and binding on both parties.    
 
In the past, the Ministry was very aggressive in defending the rights of an employee and would send a legal counsel to represent the employee at the Board’s hearing to deal with the matter. It rarely does so now. Obviously, the employer has advantage over the employee in these circumstances. The question arises, should the employee also engage the services of a professional? It is my view, employee’s may not engage such services at the officer’s level hearing but may do so at the at the referee level hearing, particularly, if the issues are complex.
 
It is important that if a hearing has been scheduled, the employee must attend such a hearing to present evidence to support its position or to contest the employer’s evidence, otherwise, the officer or the referee may rely on the evidence of the employer to render a decision.   
 
This information is provided for guidance only and should not be considered as a legal advice.

This article is provided by Rajinder K. Batra, who is a retired Employment Standards Officer with the Ministry of Labour with 15 years experience in these matters.

If you have any questions regarding your employment, please contact the writer by e-mail at  This e-mail address is being protected from spambots. You need JavaScript enabled to view it  

If you don’t have access to e-mail; you can fax your question at (905) 331-1805.
Add new comment

Requirement to work on a public holiday in Ontario

Friday, 30 July 2010 19:09
Print PDF
What is the Employment Standards Act?
 
The Employment Standards Act is the law that contains basic rules about employing people and working. Both employees and employers have rights and
responsibilities under the Act.
 
Does the Act cover all employees in Ontario?
 
Most employees are covered by the provincial legislation. However, employees working in industries that fall under Federal jurisdiction, such as, Post office, Banks, Railways, Radio stations, Airlines, Television stations etc. are not covered. 
 
If you are member of the trade union and your contract of employment is governed by the collective agreement, you may not be covered by the Act.
 
If you are currently employed with the company, you may be able to file a claim with a request that your name not be disclosed. The Act protects you when you are exercising your rights under it.
 
There are certain businesses such as hospital, a continuous operation, hotel, motel, tourist resort, restaurant or tavern that cannot be closed down when public holiday occurs. In such businesses, the employer can require an employee to work on public holiday. The employee does not lose his or her entitlement to public holiday but it is given in a different manner. For details, please refer to my article on Requirement to work on public holiday.
 
In this article, it is assumed that the employee has agreed to work on a public holiday. For entitlement to public holiday, the employees are expected to work a day before and a day
after the holiday unless they have a reasonable cause. 
 
The Act places certain obligations on the employee. These are detailed below.
 
1. If the employee, without reasonable cause, performs none of the work that he or she was required to perform on the public holiday, the employee has no entitlement.
2. If the employee, with reasonable cause, performs none of the work that he or she was required to perform on the public holiday, the employer shall give the employee a substitute day off work or public holiday pay for the public holiday, as the employer chooses.
3. If the employee performs some of the work that he or she was required to perform on the public holiday but fails, without reasonable cause, to perform all of it, he or she is entitled to premium pay for each hour worked on the public holiday but has no other entitlement.
4. If the employee performs some of the work that he or she was required to perform on the public holiday but fails, with reasonable cause, to perform all of it, the employer shall give the employee wages at his or her regular rate for the hours worked on the public holiday and a substitute day off work or public holiday pay for the public holiday plus premium pay for each hour worked on the public holiday, as the employer chooses.
5. If the employee performs all of the work that he or she was required to perform on the public holiday but fails, without reasonable cause, to work all of his or her last regularly scheduled day of work before or all of his or her first regularly scheduled day of work after the public holiday, the employer shall give the employee premium pay for each hour worked on the public holiday but the employee has no other entitlement.
    
If you or the employer disagrees with the investigating officer’s decision, both parties have a right to appeal to Ontario Labour Relations Board within 30 days of the officer’s decision. The Board appoints a referee to hear the appeal. It does not cost the employee to request an appeal but the employer may be required to deposit monies in trust with the Ministry of Labour if it is found to be owing. The referee decision is final and binding on both parties.    
 
In the past, the Ministry was very aggressive in defending the rights of an employee and would send a legal counsel to represent the employee at the Board’s hearing to deal with the matter. It rarely does so now. Obviously, the employer has advantage over the employee in these circumstances. The question arises, should the employee also engage the services of a professional? It is my view, employee’s may not engage such services at the officer’s level hearing but may do so at the at the referee level hearing, particularly, if the issues are complex.
 
It is important that if a hearing has been scheduled, the employee must attend such a hearing to present evidence to support its position or to contest the employer’s evidence,
otherwise, the officer or the referee may rely on the evidence of the employer to render a decision.   
 
This information is provided for guidance only and should not be considered as a legal advice.

This article is provided by Rajinder K. Batra, who is a retired Employment Standards Officer with the Ministry of Labour with 15 years experience in these matters.

If you have any questions regarding your employment, please contact the writer by e-mail at This e-mail address is being protected from spambots. You need JavaScript enabled to view it

If you don’t have access to e-mail; you can fax your question at (905) 331-1805.
 
Add new comment

Requirement to work on a public holiday in Ontario

Friday, 30 July 2010 19:09
Print PDF
What is the Employment Standards Act?
 
The Employment Standards Act is the law that contains basic rules about employing people and working. Both employees and employers have rights and
responsibilities under the Act.
 
Does the Act cover all employees in Ontario?
 
Most employees are covered by the provincial legislation. However, employees working in industries that fall under Federal jurisdiction, such as, Post office, Banks, Railways, Radio stations, Airlines, Television stations etc. are not covered. 
 
If you are member of the trade union and your contract of employment is governed by the collective agreement, you may not be covered by the Act.
 
If you are currently employed with the company, you may be able to file a claim with a request that your name not be disclosed. The Act protects you when you are exercising your rights under it.
 
Section 28 (1) of the Act states:
 
If the employee is employed in a hospital, a continuous operation, or a hotel, motel, tourist resort, restaurant or tavern, the employer may require the employee to to work on a public holiday that is ordinarily a working day for the employee and that is not a day on which the employee is on vacation, and if the employee does so, section 26 and 27 do not apply to the employee.
 
This section provides clarification that under some circumstances, the employer can require an employee to work on a public holiday for the simple reason that certain operations cannot be closed because of the nature of business. Under these situations the employee loses the entitlement to public holiday under section 26 and 27, instead, the employee’s entitlement on public holiday flows from section 28 (2).
 
Section 28 (2) of the Act states:
 
Subject to subsection (3) and (4), if an employer requires an employee to work on a Public holiday under subsection (1), the employer shall,
 
     (a)   pay to the employee wages at his or her regular rate for the hours worked on the public holiday and substitute another day that would ordinarily be a working day for the employee to take off work and for which he or she shall be paid public holiday pay as if the substitute day were a public holiday; or   
 
    (b)   pay to the employee public holiday pay for the day plus premium pay for each hour worked on that day.
 
This section requires that that the employer pay the employee his regular wages on public holiday and give another day off which is his ordinarily a working day and also pay him or her public holiday pay or pay the employee premium rate for the hours worked on a public holiday plus the public holiday pay.
 
It is the employer that chooses which way the employee gets paid.
 
Section 28 (3) of the Act states:
 
A day that is substitute for a public holiday under clause (2) (a) shall be,
 
    (a)    a day that is no more than three months after the public holiday; or
    (b)    if the employer and the employee agree, a day that is no more than 12 months after the public holiday.
 
This section requires the employer to schedule the substitute day within three months of the public holiday or if they both agree, it can be scheduled within 12 months. The agreement must be in writing or else clause (a) shall apply.
    
If you or the employer disagrees with the investigating officer’s decision, both parties have a right to appeal to Ontario Labour Relations Board within 30 days of the officer’s decision. The Board appoints a referee to hear the appeal. It does not cost the employee to request an appeal but the employer may be required to deposit monies in trust with the Ministry of Labour if it is found to be owing. The referee decision is final and binding on both parties.    
 
In the past, the Ministry was very aggressive in defending the rights of an employee and would send a legal counsel to represent the employee at the Board’s hearing to deal with the matter. It rarely does so now. Obviously, the employer has advantage over the employee in these circumstances. The question arises, should the employee also engage the services of a professional? It is my view, employee’s may not engage such services at the officer’s level hearing but may do so at the at the referee level hearing, particularly, if the issues are complex.
 
It is important that if a hearing has been scheduled, the employee must attend such a hearing to present evidence to support its position or to contest the employer’s evidence, otherwise, the officer or the referee may rely on the evidence of the employer to render a decision.   
 
This information is provided for guidance only and should not be considered as a legal advice.

This article is provided by Rajinder K. Batra, who is a retired Employment Standards Officer with the Ministry of Labour with 15 years experience in these matters.

If you have any questions regarding your employment, please contact the writer by e-mail at   This e-mail address is being protected from spambots. You need JavaScript enabled to view it   

If you don’t have access to e-mail; you can fax your question at (905) 331-1805.
 
Add new comment

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