Effective, October 30, 2019, O. Reg. 291/01 – Terms and Conditions of Employment in Defined Industries Women's Coat and Suit Industry and Women's Dress and Sportswear Industry is revoked. The special rules and terms and conditions for employees working in the women's coat and suit industry and the women's dress and sportswear industry no longer apply. Those employees previously captured by the Regulation will now be subject to the regular provisions of the Employment Standards Act.
This regulation sets out special rules and terms and conditions for employees working in the women’s coat and suit industry and the women’s dress and sportswear industry. In particular, the regulation addresses issues related to hours of work, including minimum pay for short periods of work, normal work day, normal work week, work schedule requirements, breaks relating to special rate work and vacation, etc.
Section 1 – Definitions
Section 2 – Terms and conditions of employment
Section 2 states that O Reg 291/01 provides for terms and conditions of employment that apply to employers and employees in the defined industries; however, it also states that except as is otherwise indicated by the regulation, the Employment Standards Act, 2000 applies to them.
Section 3 – Minimum pay for short periods of work
This provision was amended effective January 1, 2019 to reflect a change made to the “general” three hour rule; the three hour rule was previously found in section 5 of O. Reg. 285/01; however, effective January 1, 2019, the three hour rule was revoked from s. 5 of O. Reg. 285/01 and a modified three hour rule was introduced to section 21.2 of the Employment Standards Act, 2000.
Section 3(1) of O Reg 291/01 states that despite the three-hour rule as set out in section 21.2 of the Act, an employee in one of the defined industries who is required to work for a period of less than four hours or is required to report for work but does not work any hours, is deemed to have worked four hours, and is to be paid accordingly.
For a discussion on the three hour rule, see ESA Part VII.1, section 21.2.
Subsection 3(2) states that the four-hour rule in O Reg 291/01, s. 3(1) does not apply to homeworkers.
Section 4 – Non-application of ss. 18 to 21 of Act
Section 4 of O Reg 291/01 states that ss. 18 to 21 of the Employment Standards Act, 2000 do not apply to employees in the defined industries. Those sections deals with time free from work, exceptional circumstances in which the limits on hours of work and the free time provisions do not apply and the rules concerning eating periods.
Section 5 – When an employee may not be required to work
Section 5(1) of O Reg 291/01 sets out times when an employer cannot require an employee to perform work:
On an industry holiday as defined in s. 1 of O Reg 291/01; and
Between midnight and 6:00 a.m.
Section 5(2) states that s. 5(1) applies despite any agreements made under s. 17(2) of the Employment Standards Act, 2000 to exceed the daily limit of eight hours in a day, or a regular work day of more than eight hours, as established by the employer. When O Reg 291/01 was made, s. 17(2) referred to both agreements to work in excess of the daily limit and agreements to work in excess of the weekly limit. Agreements to work in excess of the weekly limit are now dealt with in subsection 17(3) of the Act; however, by virtue of s. 59 of Part VI of the Legislation Act, 2006, SO 2006, c 21, Sch F, the reference in s. 5(2) of the regulation should be read as if it referred to both ss. 17(2) and 17(3) of the Act.
Under s. 1 of the regulation, an “industry holiday” is defined as meaning:
New Year’s Day
Christmas Day, and
Boxing Day, being December 26 or the Monday next following when Christmas falls on a Saturday.
Section 6 – normal work day and normal work week
Section 6 of O Reg 291/01 establishes the normal work day and work week for employees in the defined industries. A normal work day is a day between Monday and Friday that does not exceed eight hours, including paid breaks but not including eating periods.
An employee’s normal work week cannot be more than 40 hours, including paid breaks but not including eating periods, from a work week based on the period from midnight on Saturday to midnight on the following Saturday.
Section 7 – Normal work day under work schedule
Section 8 – Work schedule
Section 9 – Work schedule requirements, two shifts
9 The employer’s work schedule may provide for two shifts subject to the following:
The employer shall file the work schedule with the Director at least 15 days before it becomes effective instead of as paragraph 5 of section 8 requires.
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.
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.
If immediately before the work schedule becomes effective the employer only had one shift,
the work schedule shall not result in an employee who was working in that single shift working less than a normal work day or working fewer normal work days, and
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.
Section 10 – Normal Work Day if No Work Schedule
Section 10(1) of O Reg 291/01 provides that where the employer has not established a work schedule in accordance with ss. 8 and 9, s. 10 applies to establish a "normal work day" for employees in the defined industries.
In that case, the normal work day commences at 8:00 a.m. Monday through Friday with one unpaid half-hour eating period midway through the work day and a paid 10-minute break both before and after the eating period (that is, one before and one after the eating period).
Section 10(2) states that s. 10(1) does not apply with respect to employees who are homeworkers.
Section 11 – Special rate work
Section 12 – Breaks relating to special rate work after normal work Day
Section 13 – Pay for special rate work
Section 13 of O Reg 291/01 states that despite Part VIII of the Employment Standards Act, 2000 dealing with overtime, the employer shall pay an employee the special rate determined under s. 14 for all special rate work.
Section 14 – Special rate
Section 15 – Vacation
Section 16 – Vacation pay
Section 17 – Year-end vacation payment
Section 18 – Industry holiday pay
Section 19 – Special rules for Victoria Day and Canada Day