Think of business compliance like a house plant – it needs ongoing oversight and attention, but is easily forgotten as we get busy and the demands on our time increase.
With leaders so focused on anticipating the needs of the ever-changing workplace landscape over the last two years, it’s understandable that up-to-date compliance issues haven’t always made the meeting agenda.
If you’re reading this wondering how bad that is to admit, you’re not alone, but now is the time to commit to putting in the work on your company compliance.
Not sure where to start? Begin with these 4 areas.
1. Employee Agreements
It’s always good to review and refresh employee agreements periodically, but in December of last year, the Ontario Employment Standards Act (ESA) prohibited employers from entering into non-compete agreements with employees under Bill 27 (Working for Workers Act, 2021), effective as of October 25th, 2021. In effect, this means that any agreement entered into after this date is now void and unenforceable. Chief executives are the only exception to this rule.
In addition to the above, employers may also choose to review job descriptions and titles to determine who falls into non-chief executive and chief executive status, as well as policies pertaining to intellectual property, confidentiality and non-solicitation to ensure proper protections are in place for the business.
2. Terminations
The interpretation of termination provisions in compliance with what is outlined within the Employment Standards Act remains strict across Ontario. Consider a review of employee agreement templates to ensure termination provisions, and language around “cause” is in compliance with the ESA.
When reviewing termination provisions, there are also considerations related to incentive compensation plans and the language used to define entitlements in the event of termination. Employers should engage personal legal counsel for full nuanced details around what is and isn’t acceptable.
3. Workplace Policies & Training
New in 2022, employers that employ more than 25 people will be required to have a written policy that outlines employee rights to disconnect from work as part of Bill 27. While details are still being worked through at the government level, organizations should consider what a policy of this nature might look like for their business. Policies must be in place by June 2, 2022.
4. Occupational Health & Safety Training
As a result of the pandemic, workplace health and safety has a host of new considerations for employers. Revisit your training programs, and consider how workplace health and safety policies cover off home-based work settings, in-office workplace safety plans, reopening protocols and everything in between.While these are great jumping off points, a comprehensive review alongside HR professionals and personal legal counsel is recommended to ensure your business is in full compliance with all employer requirements laid out under the OHSA, ESA and ROA.
