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[HR] New Rules Mandating Equal Pay for Equal Work Come Into Effect April 1

Why it’s Changing:

As a result of the implementation of Bill 148 – “Fair Workplaces, Better Jobs Act, 2017” which was passed on November 22, 2017.

What’s Changing:

  • It will now be mandatory for employers to pay casual, part-time, temporary and seasonal employees, who are doing substantially the same work as full-time/permanent employees, the same rate of pay as full-time/permanent employees.
  • Temporary help agency employees (also known as assignment employees), who are doing substantially the same work as employees of the client, the same rate of pay as employees of the client.
  • Casual, part-time, temporary and seasonal employees will be allowed to ask their employer to review their rate of pay if they believe they’re not receiving the same rate of pay as full-time/permanent employees who perform substantially the same work.
  • Temporary help agency employees will also be allowed to ask their employer to review their rate of pay if they believe they’re not receiving the same rate of pay as employees of the client who perform substantially the same work.
  • The employer will have to respond by either adjusting the employee’s pay or giving the employee a written explanation.

Exceptions:
Employers will be exempt from the new equal pay for equal work rules for part-time, temporary, casual and seasonal employees, if the wage difference is based on:

  • a seniority or merit system.
  • Systems that measure earnings by quantity or quality of production.
  • Other factors (sex and employment status will not qualify as an exception).
  • Temporary help agencies will be exempt from the new equal pay for equal work rules for temporary help agency assignment employees if the difference in the rate in pay is based on something other than sex, employment status or assignment employee status.

When:

This will come into effect on April 1, 2018.

Source: www.Ontario.ca