The Law of Work
  • Home
  • About
  • Professor David Doorey
  • Osgoode Hall LLM
  • Books
  • Guest Contributors
  • Useful Links
    • Archive
  • Home
  • About
  • Professor David Doorey
  • Osgoode Hall LLM
  • Books
  • Guest Contributors
  • Useful Links
    • Archive
The Law of Work
Law of Work Archive

The New Temp Workers Law Passes

by David Doorey May 5, 2009
written by David Doorey May 5, 2009

The Ontario government’s new law designed to give greater protections to ‘temp’ workers passed yesterday on a vote of 54 to 13, with all of the Conservative MPPs voting against the law.  Here is the Government’s summary of the law, and here is the actual Bill 139 (Employment Standards Amendment Act (Temporary Help Agencies).   I need to study this law more closely to sort out all of its ramifications.  However, some of the labour law firms have done a good job already.  For example, here is the summary done by Amanda Hunter of Hicks Morley.
The new law introduces some significant changes to the way in which temp workers must be treated. Among other things, the law prohibits the temp agencies from charging the temp workers fees for services such as job placement and resume writing.   It also clarifies that the temp agency is the ’employer’ of the temp worker.  In the past, there have been cases in which both the temp agency and the business to which the worker was assigned argue that they are not the workers’ employer.  And it entitles temp workers to notice of termination and holiday pay like most other workers in the province in certain defined situations.
However, within the business community, especially (and not surprisingly) within the temp industry, there was strong opposition to the new law.  The main argument was that requiring temp agencies to pay the employment-related costs and banning the practice of charging a fee when temps are taken on full-time by the ‘client’ of the temp agency, will drive many temp agencies out of business.
Should the state care if employers go out of business because they can’t afford to pay the benefits required under the Employment Standards Act?  Or should the state take the position that, if you can’t meet minimum standards, then you should not be in business in this province?

0 comment
0
FacebookTwitterLinkedinEmail
David Doorey

Professor Doorey is an Associate Professor of Work Law and Industrial Relations at York University. He is Academic Director of Osgoode Hall Law School’s executive LLM Program in Labour and Employment Law and a Senior Research Associate at Harvard Law School’s Labor and Worklife Program. Professor Doorey is a graduate of Osgoode Hall Law School (LL.B., Ph.D), London School of Economics (LLM Labour Law), and the University of Toronto (B.A., M.I.R.).

Leave a Comment Cancel Reply

You must be logged in to post a comment.

previous post
One Year Anniversary of Doorey's Workplace Law Blog!
next post
Ontario Introduces New Workplace Harassment & Violence Law

You may also like

This Blog Entry is About the Lunacy of...

July 21, 2019

A Cross Country Update on the Card-Check versus...

October 3, 2018

The Folly of Not Voting to Strike in...

September 16, 2018

Unifor Posts Photos of Replacement Workers as Gander...

September 10, 2018

A Wrongful Dismissal Case and the Absence of...

August 29, 2018

China Said to Quickly Withdraw Approval for New...

August 27, 2018

The Latest Hot E-Commerce Idea in China: The...

August 27, 2018

The Trump Administration Just Did Something Unambiguously Good...

August 27, 2018

Unstable Situations Require Police In Riot Gear Face...

August 27, 2018

Trump’s War on the Justice System Threatens to...

August 27, 2018

Subscribe via Email

Enter your email address to subscribe and receive notifications of new posts by email.

Join 337 other subscribers

Follow Us On Social Media

Twitter

Latest Tweets

David J. Doorey🇨🇦Follow

Law Prof. Talking #labor & #employment #law #Gig to the masses. Alpaca ❤️ @YorkUniversity @OsgoodeNews @LSELaw @LWPHarvard @Jacobin @OnLaborBlog https://t.co/5V9r8VPHsh

David J. Doorey🇨🇦
TheLawofWorkDavid J. Doorey🇨🇦@TheLawofWork·
1h

Looks great!

I took an international labor law course at LSE/Kings College taught by Keith Ewing, Brian Bercusson, Aileen McColgan, and Paul Davies.

Incredible course. And so important.

Desiree LeClercq@LeclercqDesiree

Excited to teach my new #internationallaborlaw course critically considering how labor rights are designed & enforced. The class balances decolonial theory w/ practical experiences. My syllabus (with names redacted) below. 1/

Reply on Twitter 1556698559650603008Retweet on Twitter 15566985596506030081Like on Twitter 15566985596506030086Twitter 1556698559650603008
TheLawofWorkDavid J. Doorey🇨🇦@TheLawofWork·
2h

Remembering time I spoke at @SteelworkersCA conference. I joined International President Leo Gerard on an elevated platform stage.

Back leg of chair was off back of stage. Sat down and fell backyards off stage until Leo caught me, pulled me back up, muttering “fucking lawyers”

United Steelworkers #EverybodysUnion@SteelworkersCA

International President Tom Conway takes the stage for his keynote address 🔥🔥🔥 - a big welcome to the five thousand Steelworkers, together for the first time since the pandemic! #EverybodysUnion #1u 2

Reply on Twitter 1556696632082812929Retweet on Twitter 1556696632082812929Like on Twitter 15566966320828129295Twitter 1556696632082812929
TheLawofWorkDavid J. Doorey🇨🇦@TheLawofWork·
2h

Yes I’m sure they would like to repeal human rights legislation but enact a new Freedom Protection Act that protects ‘rights’ they want, like anti-vaxer rights.

Sean O'Donnell@SJOLegal

@TheLawofWork Given that the Ford Government has stymied the HRTO for years, I don't think this crowd will see any joy through that avenue.

Reply on Twitter 1556695655120347141Retweet on Twitter 15566956551203471411Like on Twitter 15566956551203471413Twitter 1556695655120347141
Load More...

Categories

  • Alberta
  • Artificial Intelligence
  • Australia
  • British Columbia
  • Charter of Rights and Freedoms
  • Childcare
  • Class Action
  • Climate and Just Transition
  • Collective Bargaining
  • Common Law of Employment
  • Comparative Work Law
  • competition law
  • construction
  • COVID-19
  • Diversity
  • Employee Classification
  • Employment Insurance
  • Employment Regulation
  • Europe
  • Financial Industry
  • Fissured Work
  • Freedom of Association
  • frustration of contract
  • Gig Work
  • Health and Safety
  • Health Care
  • Human Rights
  • Immigration
  • Interest Arbitration
  • International Law
  • Labour Arbitration
  • Labour Economics
  • Law of Work Archive
  • Legal Profession
  • Manitoba
  • Migrant Workers
  • Minimum Wage
  • Nova Scotia
  • OLRB
  • Ontario
  • Pension Bankruptcy
  • Privacy
  • Public Sector
  • Quebec
  • Real Life Pleadings
  • Saskatchewan
  • Scholarship
  • Sports Labour
  • Strikes and Lockouts
  • Student Post
  • Supreme Court of Canada
  • technology
  • Transnational Law
  • Uncategorized
  • Unions and Collective Bargaining
  • United States
  • Videos
  • Women and Work
  • Wrongful Dismissal
  • Home
  • About
  • Guest Contributors
Menu
  • Home
  • About
  • Guest Contributors
  • Legal Scholarship
  • Useful Links
  • Archive
Menu
  • Legal Scholarship
  • Useful Links
  • Archive

2020. Canadian Law of Work Forum. All Rights Reserved.