1. The Schedule is in force during pleasure within the Ontario zone and is binding upon the employers and employees in the women’s coat and suit industry. R.R.O. 1990, Reg. 659, s. 1; O. Reg. 282/99, s. 2. SCHEDULE CONTENTS  Section


Definitions

1


Minimum wage

2


Minimum pay for short periods of work

3


When an employee may not be required to work

4


Regular working day

5


Regular working week

6


Regular working day — work schedule

7


Work schedule — general

8


Work schedule — additional requirements if   two shifts

9


Regular working day — no work schedule

10


Overtime work

11


Breaks relating to overtime

12


Overtime permits

13


Overtime pay

14, 15


Vacation

16


Vacation pay

17


Year-end vacation payment

18


Holiday pay

19, 20


Victoria Day and Canada Day — special rules

21


Requirements are minimum requirements

22


Assessment

23, 24


Advisory committee

25 Definitions 1.In this Schedule, “homeworker” means a homeworker within the meaning of the Employment Standards Act; “overtime work” means, (a) in relation to an employee who is not a homeworker, work, including paid breaks but not including eating periods, on Saturday or Sunday or in excess of 8 hours on any of Monday to Friday, (b) in relation to a homeworker, work in excess of 40 hours in a week; “piece-work basis”, in relation to how an employee is paid, means payment based upon the number of articles or things that are manufactured, prepared, improved, repaired, altered, assembled or completed; “public holiday” means, (a) New Year’s Day, (b) Good Friday, (c) Victoria Day, (d) Canada Day, (e) Labour Day, (f) Thanksgiving Day, (g) Christmas Day, and (h) Boxing Day, being December 26 or the Monday next following when Christmas falls on a Saturday; “week” means the period from midnight on Saturday to midnight on the following Saturday. Minimum Wage 2.The minimum wage with respect to an employee is the applicable minimum wage established under the Employment Standards Act. Minimum Pay for Short Periods of Work 3.(1)If an employee is required to work for a period of less than four hours or is required to report to work but does not work any hours, the employee shall be deemed to have worked four hours and the employer shall pay the employee accordingly. (2)This section does not apply with respect to employees who are homeworkers. When an Employee may not be Required to Work 4.An employer shall not require or allow an employee to perform work, (a) on a public holiday; or (b) between midnight and 6:00 a.m. Regular Working Day 5.(1)An employee’s regular working day shall not exceed 8 hours including paid breaks but not including eating periods. (2)A regular working day shall not be on a Saturday or Sunday. Regular Working Week 6.An employee’s regular working week shall not exceed 40 hours including paid breaks but not including eating periods. Regular Working Day — Work Schedule 7.(1)If an employer establishes a work schedule in accordance with sections 8 and 9 and satisfies the requirements in those sections, an employee’s regular working day is determined under the work schedule and not under section 10. (2)This section does not apply with respect to employees who are homeworkers. Work Schedule — General 8.The following apply with respect to an employer’s work schedule: 1. The work schedule must set out the starting time of the regular working day for all employees. 2. If the work schedule provides for a single shift, a regular working day must not begin after 9:30 a.m. 3. A regular working day must not be scheduled on a Saturday or Sunday. 4. Each employee must have a ½ hour eating period midway through the employee’s regular working day. 5. The employer must file the work schedule with the advisory committee at least seven days before it becomes effective. 6. The employer must post the work schedule when the employer files the work schedule with the advisory committee and must keep it posted while the work schedule is in effect. The work schedule must be posted in a conspicuous place or places in the workplace where it is most likely to come to the attention of the employees to whom it relates. Work Schedule — Additional Requirements if Two Shifts 9.The employer’s work schedule may provide for two shifts subject to the following: 1. The employer must file the work schedule with the advisory committee at least 15 days before it becomes effective instead of as required under paragraph 5 of section 8. 2. An employee shall be scheduled to work only the earlier shift or the later shift and shall not be required to change shifts unless the employee or the employee’s agent agrees. 3. An employee who works on the later shift shall be paid at least 5 per cent more than the employee would be paid if the employee worked the earlier shift. 4. If immediately before the work schedule becomes effective the employer only had one shift, i. the work schedule must not result in an employee who was working in that single shift working less than a regular working day or working fewer regular working days, and ii. an employee who was employed immediately before the work schedule became effective shall not be scheduled to work the later shift unless the employee or the employee’s bargaining agent agrees. Regular Working Day — No Work Schedule 10.(1)If section 7 does not apply, the regular working day for an employee begins at 8:00 a.m. on each of Monday to Friday, with an unpaid ½ hour eating period midway through the working day and two paid 10-minute breaks, one before the eating period and after the eating period. (2)This section does not apply with respect to employees who are homeworkers. Overtime Work 11.(1)An employer shall not require or allow an employee to perform overtime work except as allowed under this section. (2)Subject to subsection (3) and section 4, an employer may require or allow an employee to perform overtime work, (a) in accordance with an overtime permit issued by the advisory committee under section 13; or (b) in accordance with a permit under Part IV of the Employment Standards Act. (3)An employer shall not require an employee to perform overtime work unless the employee or the employee’s agent agrees. Breaks relating to Overtime 12.(1)Before an employee performs more than two hours of overtime work after the end of a regular working day, the employer shall give the employee a paid 15-minute break. (2)The break under subsection (1) shall be paid at the overtime rate determined under section 15. (3)If an employee performs more than five hours of overtime work on a Saturday or Sunday, the employer shall permit the employee a ½ hour eating period so that the employee does not work more than five consecutive hours without an eating period. (4)This section does not apply with respect to employees who are homeworkers. Overtime Permits 13.(1)The advisory committee may issue overtime permits. (2)The advisory committee may issue an overtime permit only if the employer applies for it in writing. (3)The advisory committee may not issue an overtime permit, (a) that would permit overtime work that might result in an employee working less than a regular working day or working fewer regular working days unless, before issuing the overtime permit, the advisory committee is of the opinion that the circumstances are exceptional; or (b) that would permit more than 10 hours of work in one day or more than 48 hours of work in one week. (4)While an overtime permit is effective, the employer shall keep it posted in a conspicuous place or places in the workplace where it is most likely to come to the attention of the employees to whom it relates. Overtime Pay 14.An employer shall pay an employee the overtime rate determined under section 15 for all overtime work. 15.(1)The overtime rate is an hourly rate for all employees, even for those employees who are not normally paid on an hourly basis. (2)The overtime rate is one and one-half times the average regular hourly rate determined in accordance with the following: 1. For an employee who is not paid on a piece-work basis, the average regular hourly rate is the average hourly rate for the non-overtime work that the employee performed during the most recent pay period, before the day on which the overtime work is performed, in which the employee performed non-overtime work. 2. For an employee who is paid on a piece-work basis, the average hourly rate is the average hourly rate for the non-overtime work that the employee performed during the six-month period determined as follows, i. for overtime work performed during the first six months of a year, the six-month period is the last six months of the previous year, ii. for overtime work performed during the last six months of a year, the six-month period is the first six months of the year. (3)The overtime rate for an employee who is a homeworker shall be determined under paragraph 2 of subsection (2) whether or not the employee is paid on a piece-work basis. (4)The following shall not be considered in determining an employee’s overtime rate: overtime pay, vacation pay, year-end vacation payments, holiday pay and pay in accordance with subsection 21 (3). (5)In this section, “non-overtime work” means work for which an overtime rate is not applicable. Vacation 16.(1)An employer shall give a vacation of two weeks to an employee upon the completion of each 12 months of employment, whether or not the employment was active employment. (2)The employer shall determine the period when an employee may take the vacation to which he or she is entitled under subsection (1), which may be a two-week period or two periods of one week each, but in any case the employee shall be given his or her vacation not later than 10 months after the end of the 12-month period for which the vacation was given. Vacation Pay 17.(1)An employer shall pay an employee vacation pay for the employee’s vacation. (2)An employee’s vacation pay shall be equal to 4 per cent of all wages, not including vacation pay or any year-end vacation payment, earned by the employee during the period for which the vacation is given. Year-end Vacation Payment 18.(1)In addition to vacation pay, an employer shall pay a year-end vacation payment in accordance with this section to an employee. (2)An employee who has been employed by an employer for at least three continuous months is entitled to a year-end vacation payment equal to 2 per cent of all wages, excluding vacation pay, earned during the year to which the year-end vacation payment applies. (3)For the purpose of this section, the year to which a year-end vacation payment applies shall be, (a) the 12-month period established for the purpose by the practice of the employer; or (b) if the employer has not established such a year, the 12-month period beginning on December 1 in a year and ending on November 30 in the following year. (4)Subject to subsection (5), the employer shall pay the year-end vacation payment no later than six weeks after the end of the year to which it relates. (5)If the employment of the employee is terminated in a year, the employer shall pay the year-end vacation payment for that year no later than seven days after the termination. Holiday Pay 19.An employer shall pay an employee for each public holiday unless, (a) the employee has been employed by the employer for less than three months; or (b) the employee was scheduled to work on the first regular working day either before or after the public holiday and the employee failed to work that day as scheduled. 20.(1)The amount an employer shall pay an employee for a public holiday is the employee’s average daily wage determined in accordance with the following: 1. If the employee is not paid on a piece-work basis, the employee’s average daily wage is the average daily wages for the non-overtime work that the employee performed during the two-month period immediately preceding the public holiday. 2. If the employee is paid on a piece-work basis, the average daily wage is the average daily wage for the non-overtime work that the employee performed during the six-month period determined as follows, i. for a public holiday in the first six months of a year, the six-month period is the last six months of the previous year, ii. for a public holiday in the last six months of a year, the six-month period is the first six months of the year. (2)The holiday pay for an employee who is a homeworker shall be determined under paragraph 2 of subsection (1) whether or not the employee is paid on a piece-work basis. (3)The following shall not be considered in determining the amount of an employee’s holiday pay: overtime pay, vacation pay, year-end vacation payments, holiday pay and pay in accordance with subsection 21 (3). (4)In this section, “non-overtime work” means work for which an overtime rate is not applicable. Victoria Day and Canada Day — Special Rules 21.(1)Despite section 4, an employer may require an employee to work a regular working day on Victoria Day or Canada Day if the employee or the employee’s agent agrees and the public holiday does not fall on a Saturday or Sunday. (2)The regular working day that the employer may require an employee to work under subsection (1) is the regular working day that would have applied if the day were not Victoria Day or Canada Day. (3)Subject to subsection (4), if an employee works a regular working day on Victoria Day or Canada Day, the following apply: 1. The employer shall pay the employee for the public holiday in accordance with section 20, if the employee would be entitled to holiday pay under section 19. 2. The employer shall pay the employee the overtime rate determined under section 15 for the work on the public holiday. (4)If an employee works a regular working day on Victoria Day or Canada Day the employer may, if the employee or the employee’s agent agrees, substitute a regular working day for the public holiday and the following apply: 1. The public holiday shall be deemed to be a regular working day. 2. The substituted regular working day shall be deemed to be the public holiday. 3. The substituted regular working day shall be before the employee’s next paid vacation day. (5)If an employee is required to work a regular day on Victoria Day or Canada Day but fails, without reasonable cause, to report for work, the employee is not entitled to holiday pay under section 19. Requirements are Minimum Requirements 22.(1)The requirements in this Schedule are minimum requirements only. (2)A right, benefit, term or condition of employment under a contract, oral or written, express or implied, or under any Act or any schedule, order or regulation made under an Act that provides in favour of an employee a higher remuneration in money, a greater right or benefit or lesser hours of work than a requirement under this Schedule shall prevail over the requirement under this Schedule. Assessment 23.Upon the Director approving this Schedule with respect to this section, each employer in the industry is assessed 0.5 per cent of the employer’s payroll for employees with respect to which this Schedule applies. 24.Upon the Director approving this Schedule with respect to this section, each employee in the industry is assessed 0.5 per cent of the employee’s wages. Advisory Committee 25.(1)The advisory committee is authorized to administer and enforce this Schedule. (2)Without limiting the generality of subsection (1), the advisory committee is authorized, (a) to collect the assessments under sections 23 and 24; (b) from the amounts collected in respect of assessments, to engage inspectors and other personnel and to make such expenditures as are necessary for the administration and enforcement of this Schedule. (3)This section does not limit the advisory committee’s authority to assist in carrying out the Act or doing anything else it is authorized to do under subsection 18 (1) of the Act. O. Reg. 282/99, s. 3.