The Employment Standards Amendment Act

February, 2005

Ontario: The Employment Standards Amendment Act (Hours of Work and Other Matters), 2004 (Bill 63) has been enacted by the Legislature. The new law will come into effect on March 1, 2005. The bill amends the Employment Standards Act, 2000 (ESA 2000) to set out rules employers must follow if they want their employees to work more than 48 hours a week. New rules have also been established for employers who wish to average an employee?s work hours in order to determine overtime pay entitlements. As of March 1, 2005, if an employer wants an employee to work more than 48 hours a week, the employer must: 1. Give employees a copy of the handout: Information for Employees About Hours of Work and Overtime Pay (Fact Sheet available through Ontario Ministry of Labour Website). 2. Obtain written agreement from the employee, or the union if the workplace is unionized. 3. Receive an approval from the Director of Employment Standards. The first two requirements apply if an employer wants an employee to work excess daily hours. Previously, an employer was only required to have an agreement with an employee to work more than 48 hours in a week; no approval from the Director of Employment Standards was required. Legislative Watch Published by ACSESS (Association of Canadian Search, Employment & Staffing Services) February 2005