ADP Canada Podcast #165. Ontario HR Compliance 101 October Show Notes and Resources. Copyright 2016 ADP, LLC..

Transcription

1 ADP Canada Podcast #165 Ontario HR Compliance 101 October 2016 Show Notes and Resources

2 The information contained in this podcast and related materials is summary in nature and is intended to provide general guidance. It should not be viewed as a replacement for legal or professional advice. 2

3 Topics Covered in this Podcast 1. Accessibility for Ontarians with Disabilities Act (ADOA) and Human Rights issues 2. Pay Equity 3. Privacy 4. Employment Standards, Health and Safety and Payroll 5. Union vs. Non-Union Employees 6. Resources 3

4 Accessibility for Ontarians with Disabilities Act The AODA first came into force in 2005, but the requirements started rolling out in 2010 (first government/public sector) Since 2012, for private sector and non-profits specific standards on customer accessibility applied There are five different accessibility standards Most applicable to the employer is the Employment Accessibility Standard, effective in January 2016 for companies with 50+ employees As of January 2017, employees with 1 to 49 employees must comply with this Employment Accessibility Standard 4

5 Employment Accessibility Standard (AODA) Looks at practices in HR relating to the recruitment of employees with disabilities Any applicant must be notified that the employer has an accommodation policy, put a statement in their postings or websites that they provide for accommodations for people with disabilities During the selection process, they need to ask whether candidate needs accommodation A notice of this must be put in any offer of employment Codifies many of the requirements that were HR best practices, or part of the human rights recommendations Accommodation has always been part of human rights law in Ontario so AODA now codifies some of the best practices 5

6 Pay Equity In most jurisdictions pay equity laws apply to the public sector or heavily unionized companies that bargain for it Ontario is unique as the Pay Equity Act applies also to the private sector for companies with 10 or more employees Although law has been around for some time (since 1987), Ontario Ministry of Labour auditing more now More than equal pay for equal work Complex process that considers comparable jobs and assesses work of equal value 6

7 Pay Equity The process is not fun, especially if done after the fact, by way of audit, better to be proactive Generally a points system is used, and you review all jobs, not just female-dominated ones and compare them Review skill, effort, responsibility and working conditions and compare jobs For example, an office worker might be compared with a construction worker in the same company and the jobs may turn out to be work of equal value 7

8 Primary Considerations The Ontario Pay Equity Commission has a great website, where you can conduct a self-audit, or partner with ADP Currently the legislation only addresses female/male job comparisons and it doesn t go beyond that One study identified that women are paid 24% less than their male counterparts in the same job or one of comparable value This complex process should be completed as part of workforce analysis, upfront as you are building job catalogues, job descriptions, etc. Perhaps in the future there may be some similar legislation addressing other disadvantaged groups that are protected by human rights laws, such as race or culture 8

9 Privacy When starting a business anywhere in company, as an employer must understand what privacy laws might apply In 2004, federal government enacted the Personal Information Protection and Electronic Documents Act (PIPEDA) Applicable mainly to managing client information/data in commercial enterprises, however some impact on employee personal information If a province didn t enact its own privacy legislation that PIPEDA applies Great information covering all jurisdictions on federal site Privacy Laws Canada 9

10 Privacy Ontario has a Privacy Commission, and unique pieces of privacy legislation applying to government organizations, and legislation that impacts health-related information Provincial-legislation-deemed-substantially-similar-topipeda/ Ontario Privacy Commission Employers must consider what personal information they are collecting from employees, how they are using and distributing this information and who has access to it 10

11 Human Rights Accommodation issues always a challenge Disability accommodation continues to be complex, and AODA will also help address this Increasing human rights cases and higher damage awards Family status discrimination is a hot topic If an employee has child care or elder care obligations this is now creeping into the workplace Demographics, aging workplace, sandwich generation all contributing to this 11

12 Human Rights Flexibility now also hot topic, increasingly discussed in the media, and government studies on this issue Gender identity or gender expression is a new ground While gender or sex is a prohibited ground of discrimination, some governments have added new grounds to help address transgender or non-conforming gender individuals Ontario has a great guide to help employers address these newer topics Language choices, coding in an HRIS system, washroom facilities ADP Canada relationship managers help address some of these topics and give guidance to clients 12

13 Employment Standards Changing Workplaces Review has been ongoing A review of both employment standards and labour standards laws (for unionized companies) A complete overhaul potentially of the legislation Report expected this summer, but was delayed Some employers don t realize there is a poster requirement and an obligation to give that to employees when they are hired Employers should also understand termination minimums when exiting an employee 13

14 Occupational Health and Safety Most employers only think about occupational health and safety as applicable to construction work sites, and wearing safety boots, etc. Applies to all other workplaces, there are hazards everywhere Also looks at violence, bullying and harassment Bill 168 has been in place for several years to ensure protection from violence and bullying in the workplace Now government introducing Bill 132 as of September 2016, employers must understand sexual harassment, addresses domestic violence Employers must review their policies, provide training, how it should be investigated, and addressed in the workplace 14

15 Payroll Compliance in Ontario Standard things such as employment insurance, Canada Pension Plan, income taxes and various thresholds Ontario one province that requires other deductions such as health tax Garnishment issues court-ordered debt owed to an employee, protection for certain wages, but might need to deduct Statutory holidays, vacation pay (comes from employment standards) and workers comp requirements as well 15

16 Public/Private Sector and Union/Non-Union Public sector refers to government employees, and also some entities that are quasi-governmental or do business with the government There are a number of unionized environments within the public sector This should not be confused with publicly traded companies Private sector is non-governmental but these companies may have unionized and non-unionized employees A collective agreement governs the terms and conditions of employment in unionized area and there is a grievance procedure documented within it, and different laws govern For non-unionized employees, there are individual agreements with each employee, and employees seek redress through courts or other mechanisms Must know which legislation governs the employees 16

17 Resources ADP Canada Compliance Hub Ministry of Labour Ontario Changing Workplaces Review Ontario Human Rights Code Ontario Accessibility Laws Ontario Pay Equity Commission Ontario Labour Relations (unionized workplaces) Occupational Health and Safety 17

18 Helen Patterson, LLB HR & Compliance Insights ADP Elizabeth Williams Director, Brand & Communications ADP Drop us a line! We d love to hear your comments, questions and ideas for future podcasts. 18 Copyright 2016 ADP, LLC.