74.11 For the purposes of the application of Part XV to temporary help agencies and their assignment employees, the following modifications apply: 1.  A temporary help agency lays off an assignment employee for a week if the employee is not assigned by the agency to perform work for a client of the agency during the week. 2.  For the purposes of paragraphs 3 and 10, “excluded week” means a week during which, for one or more days, the assignment employee is not able to work, is not available for work, refuses an offer by the agency that would not constitute constructive dismissal of the employee by the agency, is subject to a disciplinary suspension or is not assigned to perform work for a client of the agency because of a strike or lock-out occurring at the agency. 3.  An excluded week shall not be counted as part of the 13 or 35 weeks referred to in subsection 56 (2) but shall be counted as part of the 20 or 52 consecutive week periods referred to in subsection 56 (2). 4.  Subsections 56 (3) to (3.6) do not apply to temporary help agencies and their assignment employees. 4.1  On and after November 6, 2009, subsection 58 (1) does not apply to a temporary help agency in respect of its assignment employees. 4.2  On and after November 6, 2009, a temporary help agency shall give notice of termination to its assignment employees in accordance with paragraph 4.3 rather than in accordance with section 57 if, i.  50 or more assignment employees of the agency who were assigned to perform work for the same client of the agency at the same establishment of that client were terminated in the same four-week period, and ii.  the terminations resulted from the term of assignments ending or from the assignments being ended by the agency or by the client. 4.3  In the circumstances described in paragraph 4.2, notice of termination shall be given for the prescribed period or, if no applicable periods are prescribed, i.  at least eight weeks before termination, if the number of assignment employees whose employment is terminated is 50 or more but fewer than 200, ii.  at least 12 weeks before termination, if the number of assignment employees whose employment is terminated is 200 or more but fewer than 500, or iii.  at least 16 weeks before termination, if the number of assignment employees whose employment is terminated is 500 or more. 5.  A temporary help agency shall, in addition to meeting the posting requirements set out in clause 58 (2) (b) and subsection 58 (5), and despite clause 58 (2) (c), provide the information required to be provided to employees under that clause to each employee to whom it is required to give notice in accordance with paragraph 4.3 on the first day of the notice period or as soon after that as is reasonably possible. 6.  Clauses 60 (1) (a) and (b) and subsection 60 (2) do not apply to temporary help agencies and their assignment employees. 7.  A temporary help agency that gives notice of termination to an assignment employee in accordance with section 57 or paragraph 4.3 of this section shall, during each week of the notice period, pay the assignment employee the wages he or she is entitled to receive, which in no case shall be less than, i.  in the case of any termination other than under clause 56 (1) (c), the total amount of the wages earned by the assignment employee for work performed for clients of the agency during the 12-week period ending on the last day on which the employee performed work for a client of the agency, divided by 12, or ii.  in the case of a termination under clause 56 (1) (c), the total amount of wages earned by the assignment employee for work performed for clients of the agency during the 12-week period immediately preceding the deemed termination date, divided by 12. 8.  The lump sum that an assignment employee is entitled to be paid under clause 61 (1) (a) is a lump sum equal to the amount the employee would have been entitled to receive under paragraph 7 had notice been given in accordance with section 57 or paragraph 4.3 of this section. 9.  Subsection 61 (1.1) does not apply to temporary help agencies and their assignment employees. 9.1  For purposes of the application of clause 63 (1) (e) to an assignment employee, the reference to section 58 in that clause shall be read as a reference to paragraph 4.3 of this section. 10.  An excluded week shall not be counted as part of the 35 weeks referred to in clause 63 (1) (c) but shall be counted as part of the 52 consecutive week period referred to in clause 63 (1) (c). 11.  Subsections 63 (2) to (2.4) do not apply to temporary help agencies and their assignment employees. 12.  Subsections 65 (1), (5) and (6) do not apply to temporary help agencies and their assignment employees. 12.1  For purposes of the application of subsection 65 (4) to an assignment employee, the reference to section 58 in that subsection shall be read as a reference to paragraph 4.3 of this section. 13.  If a temporary help agency severs the employment of an assignment employee under clause 63 (1) (a), (b), (d) or (e), severance pay shall be calculated by, i.  dividing the total amount of wages earned by the assignment employee for work performed for clients of the agency during the 12-week period ending on the last day on which the employee performed work for a client of the agency by 12, and ii.  multiplying the result obtained under subparagraph i by the lesser of 26 and the sum of, A.  the number of years of employment the employee has completed, and B.  the number of months of employment not included in sub-subparagraph A that the employee has completed, divided by 12. 14.  If a temporary help agency severs the employment of an assignment employee under clause 63 (1) (c), severance pay shall be calculated by, i.  dividing the total amount of wages earned by the assignment employee for work performed for clients of the agency during the 12-week period immediately preceding the first day of the lay-off by 12, and ii.  multiplying the result obtained under subparagraph i by the lesser of 26 and the sum of, A.  the number of years of employment the employee has completed, and B.  the number of months of employment not included in sub-subparagraph A that the employee has completed, divided by 12.  2009, c. 9, s. 3; 2009, c. 33, Sched. 20, s. 1 (2-6); 2023, c. 15, Sched. 2, s. 6. Section Amendments with date in force (d/m/y) 2009, c. 9, s. 3 - 6/11/2009; 2009, c. 33, Sched. 20, s. 1 (2-6)
- 15/12/2009 2023, c. 15, Sched. 2, s. 6 - 26/10/2023