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Did you know that Franchise owners are personally responsible for all financial risk when it comes to their employees because the Franchisee is the Employer of Record, not the corporation? While there is usually an HR Department for corporate staff to turn to, the Store staff generally have nowhere to go except the Ministry of Labour or lawyers. If the Franchisee owes money for unpaid wages or vacation pay for example, the Ministry can seize their home, car, cottage, and other assets to pay obligations to employees. Given the vast number of changes that have happened to all pieces of Continue Reading »
Vacation is not a “use it or lose it” benefit. Like wages, it is a protected benefit under the Employment Standards Act (ESA). The ESA has separate provisions for Vacation Time and Vacation Pay, but neither one can be taken away from an employee once it is earned The only way an employee “loses” vacation TIME is if they quit/resign/are fired from a job and have not used the TIME they have earned. Vacation PAY is earned on all wages including commissions, overtime and public holiday pay. This calculation may result in an employee earning more vacation PAY than is Continue Reading »
The short answer is, no. Whether you are employed “full time” or “part time”, under the Vacation With Pay provision of the Employment Standards Act, there is no difference in the amount of vacation time or pay that an employee is entitled to. All employees are entitled to vacation pay of 4% or 6% of their “earned wages” (depending on length of service) which includes overtime and public holiday pay. If you work overtime, you could earn more than the 10 or 15 days of pay needed for your vacation entitlement. In this case, the employer is required to pay Continue Reading »
Under the Employment Standards Act (ESA) and/or the Human Rights Code, employees are entitled to “protected” leaves of absences. Some examples are Personal Emergency Leave days, Maternity/Parental leave and Compassionate Leaves. “Protected” leave simply means that if an employee exercises their right to take one of these leaves, their right to return to their current job and wage are protected under law. This simply means that if an employee is off, the employer can’t make significant detrimental changes to the job or wage that the employee had when they went off work. Are there “unprotected leaves”? Yes! For example, in Continue Reading »