Ford’s Working for Workers Five Act became law on October 29, 2024. Despite the name, and despite being the 5th Act of its kind, it falls short of making Ontario workers’ lives better.
Let’s take a closer look into two specific areas that do not work for workers.
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#1 Raising the maximum fines will not stop bad bosses when our labour laws are not enforced.
| Claim: Premier Ford is cracking down on bad employers by doubling the maximum fine for individuals convicted of violating the Employment Standards Act from $50,000 to $100,000. Fact: The Ministry of Labour does not use the tools it already has to collect unpaid wages and deter employers that break the law. Inspections, fines and prosecutions have dramatically decreased since Premier Ford came to power leaving millions in unpaid wages uncollected. |
Our laws are only as strong as their enforcement. Bigger penalties only deter bad bosses from breaking the law if they are actually enforced. But under Premier Ford’s government, the number of inspections, fines and prosecutions have all gone down as seen below:
The Ministry of Labour has significantly cut down its inspections, fines and convictions for all labour law violations. So, simply increasing the maximum fine alone will not deter bad bosses. Especially since the maximum fine is very rarely used anyway. For example in the fiscal year 2023-24, the maximum fine was only carried out a single time.
More broadly, the Ministry of Labour regularly fails to collect unpaid wages. Between 2020 and 2022, a Toronto Star analysis found that of 8,400 successful Employment Standards Claims owing more than $36 million, the government only collected $13 million [1]. Over $20 million of wages stolen by bad employers went unrecovered.
Doubling the maximum fine for offenders won’t stop bad bosses as long as the Ontario government regularly fails to enforce its own laws.
#2 Scrapping sick notes sounds great until you realize Ford was the one who allowed bosses to ask for them in the first place.
| Claim: Premier Ford is putting patients before paperwork by prohibiting employers from asking for sick notes when workers take sick days. Fact: In 2017, a law was passed that made it illegal for employers to ask for sick notes for short-term absences. It was Premier Ford’s own government that allowed bosses to ask for sick notes again in 2018. |
All workers deserve to stay home and recover when they are sick. Sick note requirements cost workers money and put an unnecessary burden on our already stretched healthcare system. There should not be barriers stopping workers from getting better when they are ill or injured. Reinstituting a ban on sick notes is a good first step, so it’s great that Premier Ford finally realized his mistake and rolled back his own legislation.
But the lack of paid sick days is still a huge barrier for workers to take their sick days. Without paid sick days, workers have to decide whether to go to work while sick so they can pay their bills, or to take time off and recover their health. Lack of paid sick days also puts pressure on the healthcare system because workers who can’t afford to take sick days will wait until their illness is much worse before seeking care.
In 2017, workers could take up to 10 sick days in a calendar year and 2 of those were paid. But when Ford came into power in 2018, he took that away, leaving workers with only 3 unpaid sick days.
Yes, scrapping sick notes helps, but we need to get back the 2 paid sick days Premier Ford took away and more.
What we need: 10 paid sick days, proactive inspections and meaningful anti-reprisal protections
The Ontario government needs to go further and take a comprehensive approach to fight wage theft and protect workers. This must include:
1) 10 employer paid sick days each calendar year;
2) Proactive inspections so that workers who are unable or afraid to stand up for their rights get the justice they deserve; and
3) Job protection when workers take action collectively to enforce their workplace rights.
Yes, there is a real affordability crisis in Ontario. Workers are struggling to make rent and pay the bills. But the Working for Workers 5 Act simply pays lip service to workers’ rights without actually passing any laws that truly improve the lives of workers.
If that makes you upset, you can help demand real protection and meaningful enforcement. Sign up now to help stop wage theft. And make sure to sign up for an online know your rights workshop.
If you want to read more about what’s wrong with the Working for Workers 5 Act, you can read our joint submission to the Ontario government written together with Parkdale Community Legal Services.
[1] Toronto Star, 5 Aug 2023: The Ontario government says it’s recouped tens of millions in unpaid wages for workers. Internal data raises questions about the province’s math