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As you may or may not know, Bill 139 passed royal assent on May 6, 2009.
Thanks to many staffing firms in Ontario who signed our online petition, we helped to stop certain aspects of the original Bill that would pose significant hardships to the staffing industry.Here are some of the highlights of the Bill that will come into effect in November of 2009;
The Bill defines an assignment employee to mean an employee by a temporary help agency for the purpose of being assigned to perform work on a temporary basis. This definition is unclear as to when the associate becomes an employee of the temporary help agency - if it is upon registration or if it is the first day of a work assignment.
Staffing firms as of November 2009 will be required to give notice to any assignment employees whose work term is coming to an end. If notice is not given then termination pay must be paid out. What is unclear again, is whether the definition of the assignment employee is are they an assignment employee once they are sent out to work or on the day they register with the staffing firm. The need to provide a record of employment to a temporary associate once each assignment is complete will greatly increase as the need to define an assigned employee becomes necessary.
Staffing firms must now provide written documentation to all associates about their work assignments. The worker must receive this documentation before they have begun the assignment. This will be quite challenging for those firms who work with asap client orders.
Bill 139 prohibits any fees being charged to an assignment employee in connection with registration, assigning them work and resume or job preparation. Staffing firms cannot restrict an assignment employee or client to enter into an employment relationship with each other or charge a fee for this relationship after 6 months beginning the day on which the employee first began to perform work for the client.
Over the next few months before the Bill comes into effect in November, The Staffing Edge will be working very closely with our members to clarify these definitions and to ensure that our systems and processes are up to date and can accommodate the changes imposed by the Bill. The ability of a Staffing Agency to complete in the open market was once determined by their ability to find the people and finance the payroll, with the passing of Bill 139, this landscape has changed. Staffing Agencies must have dynamic technology in place that can set them apart from their competitors. The Staffing Edge has developed a system that meets the needs of the Canadian market place and we are ready to meet the current challenge set up by Bill 139.
We pride ourselves in being a leader in the ever fluctuating staffing industry offering our members the utmost in back office support. We welcome your comments and suggestions on how your firm will be accommodating the changes and would be happy to discuss strategies to help you meet all the requirements of the new legislature.
For information about The Staffing Edge and the services we provide for staffing companies like yours, please contact me or visit our website at www.staffedge.com.
Thank you again for your commitment to the staffing industry.No replies in this discussion yet.
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