We’ll be taking a short break from posting and will be back in the New Year. However, before we go, we want to remind employers there are three public (statutory holidays) between December 25, 2011 to January 1, 2012. Happy Holidays to all!
Employee benefits are subject to provincial sales in both Ontario and Québec, at 8 and 9 percent respectively. These sales taxes only apply to coverage provided through group plans so, for example, term life insurance provided to just one individual is not subject to tax. These taxes are separate from the normal HST, GST or QST that apply in these provinces. These taxes apply to both employee and employer payments of premiums for the coverage or benefits supplied.
It’s the time of the year again when employers and payroll specialists have to start their T4 year-end process and need to know what’s new in payroll for 2012. In addition, several changes to pension, employment standards and other legal requirements are coming into force January 1, 2012. This blog post provides you with a brief summary of some of the changes employers need to know and prepare for:
Slaw: Mandatory reporting of Internet child pornography by persons who provide an Internet service now law
On December 8, 2011, the federal Act respecting the mandatory reporting of Internet child pornography by persons who provide an Internet service (formerly Bill C-22) came into force. The new legislation aims to protect children from online sexual exploitation, by requiring suppliers of Internet services to the public to:
An earlier First Reference Talks blog post dealt with CPP contribution changes effective January 2012. This post will deal with changes to the Canada Pension Plan (CPP) benefits and the Post-Retirement Benefit your employees need to know.
On January 1, 2012, changes to the rules for deducting CPP contributions will come into effect. These legislative changes do not affect the salary or wages of an employee who is considered to be disabled under the CPP, nor do they affect the salary and wages of a person who has reached 70 years of age. In addition, individuals will not be affected by these changes if they started receiving a CPP retirement pension before December 31, 2010, and they remain out of the workforce. So, what do employers need to know?
On December 8, 2011, the Ontario Liberal Government introduced Bill 30, entitled the Family Caregiver Act. This Act intends to create an additional entitlement to a leave of absence from work while the employee’s job is protected. The proposed Act will provide for an unpaid leave of absence for up to eight weeks to allow an employee to care for a sick relative.
Constructive dismissals are something that most employers are aware of, but many may not be aware that constructive dismissals are in fact very difficult cases for employees to win. This is illustrated by a recent case out of Nova Scotia, Gillis v. Sobeys Group Incorporated 2011 NSSC 443.
Reverse discrimination is not a legal term but a socially constructed idea that describes a particular phenomenon; it is a side effect of employment equity programs, as they are called in Canada; “affirmative action” programs in the United States. Reverse discrimination in employment is perceived to have occurred when the majority (or a member of it) is denied an opportunity because the law forces an employer to hire a person from a minority group.
It’s that time of year when we are asked to recognize the hard work of Canadian bloggers who take to heart all things legal. This year, with so many good new Canadian law blogs out there, the competition for Clawbies will be especially tough . The Clawbies awards recognize the Canadian legal blogosphere’s best and brightest: the interesting, innovative and informative sites that readers rely on for legal news and interpretation.
January 1, 2012, is the date to complete all actions required under the Accessibility Standards for Customer Service and emergency preparedness requirements in the Integrated Accessibility Standards. The good news is, if your organization is obligated to report, you do not have to file with the government until December 31, 2012.
Last month I was consulted by a woman with respect to a new employment agreement that she wanted reviewed. The employment opportunity presented to her was by a company that had purchased the software company she was currently employed with for the past 19 years. Her salary remained the same, as did the total of her bonus, although the bonus structure was altered to reflect seemingly unattainable goals. While the new bonus structure did in fact reflect the purchasing company’s exact bonus structure with all of its existing employees, this arrangement was originally her main concern.