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Questions about the Trainee and Exclusion Provisions

What exactly does the Fair Workplaces, Better Jobs Act do?

Part I

The new act has amended clause (c) of the definition of “employee” in section 1(1) of the Employment Standards Act, 2000 (ESA). It also repeals section 1(2) of the ESA, and replaces it with a provision to clarify that an assignment from a temporary help agency to perform work for a client includes being assigned to receive training for the purpose of performing work for the client.

Part III

The new act also added a new exemption from the ESA to section 3(5). Individuals performing work under a program approved by a private career college are exempt from the ESA.

What exactly does these changes to the trainee provisions do?

The former section 1(2) of the ESA expanded on the definition of “employee” to include certain individuals who receive training from an employer as employees. This section is repealed and the definition of “employee” in subsection 1(1)(c) has been amended to add “if the skill in which the person is being trained is a skill used by the employer’s employees.” This means that a trainee is considered an employee under the ESA if they are receiving training from a person who is an employer, if the skill in which they are being trained is a skill used by the employer.

The new section 1(2) clarifies the definition of “assignment employee.” “Assigned to perform work” includes assignment employees who are receiving training from the client of a temporary help agency for the purposes of performing work for that client.

Individuals who perform work under a program that is approved by a private career college registered under the Private Career Colleges Act, 2005 and their employers are exempt from the ESA in its entirety, with respect to that work. This exemption is similar to the exemption for individuals who perform work under a program approved by a college of applied arts and technology or a university.

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