[TITLE: What To Expect During An Employment Standards Inspection]
[TITLE: Alan Strojin, Employment Standards Officer]
[Alan Strojin is seen driving in an Ontario fleet vehicle. He speaks to the camera and introduces himself and the topic of the video.]
ALAN STROJIN >> The role of an Employment Standards officer is to conduct investigations on claims filed by employees who believe their entitlements under the Act have not been paid.
The second role is to conduct workplace inspections to ensure the employer is complying with eleven core standards under the Employment Standards Act.
This includes posting the Employment Standards poster in the workplace; wage statements; unauthorized deductions; record-keeping; hours of work; eating periods; overtime pay; minimum wage; public holidays; vacation pay; and temporary help agencies charging fees to employees
[Maureen Sands is seen sitting in an office. She introduces herself.]
MAUREEN SANDS >> I'm Maureen Sands. I am an Employment Standards officer with the Ministry of Labour.
Before an inspection takes place we have to do a number of our preparatory items, we check the legal name of the business, we check to see whether it is still active, we'll look at any claims history or an inspections history, and we will also check to see if it is a unionized environment.
We do not go into a unionized environment. They have their own grievance process to follow.
[An image of a notification from the Ministry of Labour is shown]
MAUREEN SANDS >> Traditionally we give employers up to ten days’ notice in writing of the inspection date. This gives the employers an opportunity to get their records in place and on site.
During an inspection the Employment Standard officer will take a look at a number of records, schedules, time sheets, payroll ledgers, wage statements, these kinds of documents. The notice that we send out to employers regarding the inspections also indicates important information about the Employment Standards poster, it also provides a link to the Ministry of Labour website, which provides tools such as the Employer's Workbook.
[Strojin is seen back at the office, being interviewed.]
ALAN STROJIN >> The procedure for our workplace inspection is to arrive at the employer's place of business to meet the employer who is going to be participating in the inspection.
[Strojin approaches a worker in a cafe]
ALAN STROJIN >> Excuse me. I am Alan Strojin, an Employment Standards officer with the Ministry of Labour and I'm here to conduct a payroll examination of your inspection of your records. Is there somewhere we could speak briefly before I begin?
SUPERVISOR >> Yes, Sure. In my office.
[Interview with Strojin continues. He walks with the café supervisor to her office, goes over paperwork with her.]
ALAN STROJIN >> And then to bring in the various documents that are going to be relied on. One of which is a questionnaire that the employer will go through with me and provide answers.
At the conclusion of the employer interview; I will then ask the employer to show me where in the workplace they have the Employment Standards poster posted. And I will make sure it is the correct poster and it's properly visible in a conspicuous place for the employees to see.
Now we will review the employer's records to try to randomly choose from the employees that are available on the work site on that particular day.
[Strojin speaks with a cook]
ALAN STROJIN >> As part of our inspection today we need to interview a couple of employees and you were randomly selected for an interview.
COOK >> Great.
ALAN STROJIN >> Do you have a few minutes to speak to me?
COOK >> Absolutely.
ALAN STROJIN >> Okay, come with me.
[Interview with Strojin continues. Footage is shown of Strojin meeting with an employee.]
ALAN STROJIN >> If I am in a workplace and I have reason to believe that there is not going to be adequate privacy to properly interview employees. I will make that known to the employer that I require a place that is comfortable, and that is isolated from the rest of the work force or work environment.
[Footage is shown of a worker printing documents for Strojin, and of Strojin working on paperwork for the inspection]
ALAN STROJIN >> During the inspection some documents are going to be required from the employer to prove the various core standards are being complied with. The test audit involves the selection of payroll records for about a one-to-three-month period for randomly selected employees to make calculations to ensure that they are getting paid the minimum standards.
Upon conclusion of the test audit, if I find there is compliance with all eleven standards, then I will issue an inspection report and outline the steps that I took and the findings that I made. The file is then submitted for closure.
It's coded and closed.
[Strojin is seen closing a folder and filing it away]
MAUREEN SANDS >> If it's found that the employer has contravened the Employment Standards Act the employer may agree to conduct a self-audit for a set period of time. If the employer refuses to do so or is unable do so the Employment Standards Officer may then conduct a full audit.
[Strojin is seen issuing a ticket]
ALAN STROJIN >> If it's determined that the employer has a history of contravention or it's a severe violation of the Act then I will be issuing a ticket under Part One of the Provincial Offences Act, or a Notice Of Contravention.
MAUREEN SANDS >> So when the self audit and the full audit are completed the employer is asked to voluntarily comply and correct any of the issues that were identified during the inspection.
If there's any monetary amounts that are outstanding to employees, it's asked that those monies be paid out over the next two pay periods.
ALAN STROJIN >> If the employer declines that offer, I will then move to issue an Order To Pay Wages for the amount or the value of the money that is outstanding. In difficult cases, we may also consider prosecution.
MAUREEN SANDS >> When the inspection is completed, the officer will provide the employer with an inspection report, which is required to be posted.
ALAN STROJIN >> And the employer must file with the Ministry of Labour a Notification Of Compliance indicating the dates upon which compliance has been achieved.
MAUREEN SANDS >> At this point, the inspection is closed, but the employer can be identified for re-inspection at a later date.
ALAN STROJIN >> For more information on the Employment Standards Act and Employers and Employees Rights and Responsibilities, please visit our website.
[TITLE: www.ontario.ca/labour ; 1-800-531-5551]