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Employment Standards News
Home > Employment Law > Employment Standards > News
Protection for Temp Employees
As part of its poverty reduction strategy, the Ontario government has passed a law which expands
the protection of the Employment Standards Act to “elect-to-work” or “assignment” employees.
This type of employee is one that is employed by a temporary help agency that performs work on a
temporary basis for clients of the agency. Another scenario involves employees that have an
arrangement with their employer and have complete discretion in deciding whether or not to work
when asked to do so.

While most of the law has not yet come into force, one change which has is the right to holiday pay
the same as any other employee in Ontario. An employer or temp agency are now responsible for
paying the public holiday pay to elect-to-work/assignment employees.

The new law will make sure that “elect-to-work” or “assignment” employees are treated fairly by:
ensuring that they are not unfairly prevented from accessing permanent jobs when employers
want to hire them from agencies
prohibiting temporary help agencies from charging fees to workers for things such as resume
writing and interview preparation
guaranteeing that employees have the information they need about their assignments including
pay schedules and job descriptions
requiring agencies to provide employees with information about their new rights under the
Employment Standards Act.

In addition, the temporary help agency must provide its assignment employees with:
     
the legal and contact information of the agency.
detailed information for every assignment with a client, including:
          -the legal name of the client,
          -the contact information for the client,
          -the hourly or pay rate for the assignment,
          -whether any benefits are to be provided,
          -the hours of work,
          -a general description of the work to be performed.

This new law will not apply to temporary workers performing professional services, personal support services, homemaking or individuals who contract with Community Care Access.

As stated above, this law has not yet come into force. This will not happen for a number of months.
We will keep you up-to-date on the law’s progress. For more information about the Employment
Standards Act
click here.