Name: Ben Clark Student #: 100861523 Section: A

Lecture #: 13 Lecture title: Labour and Law

The Employment Standards Act establishes the minimum terms and conditions of
employment called the employment standards. It deals with overtime pay, minimum wage,
public holidays, vacation pay, notice of termination, and severance. Another feature under this
Act is on unpaid job protected leave. Professional engineers and students in training are exempt
from hours of work and eating periods, overtime, minimum wage, public holidays, and vacation
with pay. These legislative provisions are based upon that licensed engineers are clumped within
the same professional designation as doctors and architects who are mostly self-employed. Other
provisions apply to
The Labour Relations Act is administered by the Ontario relations board and facilitates
the collective bargaining between employers and trade unions. It sets out a process as to how
unions can sign up members and how they can apply to become the recognised union on behalf
of the workers. It deals with fights between unions who are trying to take over the workplace.
The Act affirms the rights of employees to join a trade union where the majority of the
employees in a workplace agree. The Act allows for a bargain unit consisting solely of
professional engineers. Under the Act there is an application for certification where the union
through an organizing campaign would either sign up fifty-five percent of the employees or at
least forty percent at which time they can get a vote. After certification, the union gives notice to
bargain and negotiations for a collective agreement begin. The conciliation must be exhausted
for a strike or lockout to be legal.
The Occupational Health and Safety Act is a provision for the protection of the workers
and for an obligation of the employers to provide a safe workplace. An engineer is considered to
be in violation of the Act if the negligently or incompetently give advice or a certification
required under the Act is not achieved. Workplace inspections are performed by ministry of
labour inspectors to ensure compliance with the Act and regulations and to ensure an internal
responsibility system is working.
In the violence and harassment programs the employer must develop and maintain a
program to implement the workplace violence and harassment policies. Employees have the right
to work refusal and can refuse to work if the employee has reason to believe that workplace
violence is likely to endanger them self.