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EMPLOYMENT STANDARDS ACT - Part 6 Leaves and Jury Duty - 54 Duties of employer.

canadiantire(Crappy Tire)

Duties of employer
--------------------------

54 (1) An employer must give an employee who requests leave under this Part the leave to which the employee is entitled.

(2) An employer must not, because of an employee's pregnancy or a leave allowed by this Part,

(a) terminate employment, or

(b) change a condition of employment without the employee's written consent.

(3) As soon as the leave ends, the employer must place the employee

(a) in the position the employee held before taking leave under this Part, or

(b) in a comparable position.

(4) If the employer's operations are suspended or discontinued when the leave ends, the employer must, subject to the seniority provisions in a collective agreement, comply with subsection (3) as soon as operations are resumed.

(#1656490@0)
Last Updated: 2004-3-23
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枫下家园 / 家庭与子女 / 产假结束,回公司上班.公司居然给我降薪5000.理由是公司最近不景气.JJMM们碰到过这种事吗?出出主意,我该怎么办? -mutougeda(木头疙瘩); 2004-3-23 {72} (#1656051@0)
并以公司在我休假其间lay off 过人,现在新招聘的人,工资比我都低为由,暗示我?

哼,跟他们说不加回去就不干了! -mimi888(老猫钓鱼); 2004-3-23 {120} (#1656105@0)
不过, 要讨价还价先要看看有没有 BARGAINING POWER. 看看是不是你的位置很重要,你的离开对你的部门有没有影响. 如果不是,忍了把.

请问Maternity leave是否规定，ＥＩ结束后，职位和薪金应该不变？ -mutougeda(木头疙瘩); 2004-3-23 (#1656175@0)

突然想到这个问题...公司降工资算不算合法? 不能解雇, 降工资总可以吧...公司困难...哪位人事大侠回答一下 -expertune(伪劣); 2004-3-23 (#1656182@0)

No idea, but I don't think it is illegal. -charleslike(Unionville-愚人); 2004-3-23 (#1656192@0)

I think it's legal -beetgrey(我的爱赤裸裸); 2004-3-23 (#1656195@0)

forget it, unless you are part of an union -patpat(侃侃伐坛); 2004-3-23 (#1656196@0)
It is illegal!!! They couldn't reduce your salary. Wait for a proof (official notice for reducing salary or pay stub) then talk with government officer and fill a complain. Congratrulation!!!!! -expert3(expert3); 2004-3-23 {260} (#1656213@0)
After you fill the official complain. Keep all document.
Later, if they try to layoff you by any reason. They have to prove that they tried illegally reduce your salary is not part of reason.
It's real stupid by employer to do so. Your HR should be fired.

知之为知之。 -baygirl(冰淇凌); 2004-3-23 (#1656224@0)

My wife just had same problem. You'd better keep quiet if havn't got married,. -expert3(expert3); 2004-3-23 (#1656305@0)

这人还敢叫阵？那好，你说产妇ＥＩ之后降职降薪违法？请问违反什么法？请你把链接贴上来看看？ -baygirl(冰淇凌); 2004-3-23 (#1656310@0)

http://www.cwa30248.addr.com/esa/parentle.htm. -expert3(expert3); 2004-3-23 {432} (#1656470@0)
What happens when I return to work?

In most cases, your employer must give you back the job you were doing when you went on parental leave.

If the wages for your job have gone up while you were on leave, you must get the higher wage.

If your old job is not there any more, your employer must give you a job that is like your old job.

The wages in any new job must be the same as the wages in your old job, or better.

Thanks expert3. 你妻子是file complain还是接受降薪了? -mutougeda(木头疙瘩); 2004-3-23 (#1656478@0)

She filed the complain in the morning and her boss waited her in her cubical in the afternoon to apologize for the mistake. -expert3(expert3); 2004-3-23 (#1656540@0)

BUT - The only time the employer doesn't have to reinstate the employee is if he or she is dismissed for legitimate reasons that are totally unrelated to the leave. -fi9(艳阳天); 2004-3-23 (#1656483@0)

According to what you said. company's 理由是公司最近不景气, not because of her leave. You may not win it but you may try it. -fi9(艳阳天); 2004-3-23 (#1656484@0)

EMPLOYMENT STANDARDS ACT - Part 6 Leaves and Jury Duty - 54 Duties of employer. -canadiantire(Crappy Tire); 2004-3-23 {798} (#1656490@0)
Duties of employer
--------------------------

54 (1) An employer must give an employee who requests leave under this Part the leave to which the employee is entitled.

(2) An employer must not, because of an employee's pregnancy or a leave allowed by this Part,

(a) terminate employment, or

(b) change a condition of employment without the employee's written consent.

(3) As soon as the leave ends, the employer must place the employee

(a) in the position the employee held before taking leave under this Part, or

(b) in a comparable position.

(4) If the employer's operations are suspended or discontinued when the leave ends, the employer must, subject to the seniority provisions in a collective agreement, comply with subsection (3) as soon as operations are resumed.

What did your wife do then? -mutougeda(木头疙瘩); 2004-3-23 (#1656466@0)

ＥＩ结束之后，职位和薪金不变？想什么呢你？怎么不说ＥＩ结束之后，必须提职提薪两级，以奖励生育，厚厚。：） -baygirl(冰淇凌); 2004-3-23 (#1656222@0)

小姑娘说话怎么这么无理,keep same positoin 是Maternity Leave EI 的policy. -mutougeda(木头疙瘩); 2004-3-23 (#1656472@0)

http://www.gov.on.ca/lab/english/es/factsheets/fs_preg.html 你可以看这个网站. 如果降薪理由是公司最近不景气而不是休产假, 他们可以减你的薪甚至LAYOFF. 看看是否别人也降薪, 如果是你没有戏.... -hahahaly(hahahaly); 2004-3-23 {145} (#1656518@0)
如果你告公司，你公司可以提供公司最近不景气为理由, 他们不是LAYOFF一些人了吗！你可以咨询一下，　不要鲁盲，or you do not want to work there anymore.

Yes, you are right. They may have to give your better salary. -expert3(expert3); 2004-3-23 (#1656479@0)

It is Union's web site. But in goverment web page. There is one item which is not in union's web site. It is.... -hahahaly(hahahaly); 2004-3-23 {159} (#1656530@0)
The only time the employer doesn't have to reinstate the employee is if he or she is dismissed for legitimate reasons that are totally unrelated to the leave.
http://www.gov.on.ca/lab/english/es/factsheets/fs_preg.html

职位不变,薪水可变.其实很多人产假后连职位都几乎不保,公司会以各种理由让你继续休假. -lwang(天地); 2004-3-23 (#1656571@0)

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EMPLOYMENT STANDARDS ACT - Part 6 Leaves and Jury Duty - 54 Duties of employer.

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