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How to Apply for a Variance - Duration of Temporary Layoff - Regulation Part 7, Section 30.2

Last updated on September 1, 2020

Contents:

Summary
Text of Legislation
Policy Interpretation
Related Information

Summary

This section explains what must be included in an application to the director for a variance to the duration of a temporary layoff. 

Text of Legislation

30.2 Despite section 30 of this regulation, an application under section 72 (a) [application for variance – duration of temporary layoff] of the Act for a variance must

(a) be made in a form and manner required by the director,

(b) be certified by the employer and include written approvals, made in a form and manner required by the director, from a majority of the employees who will be affected by the variance, and

(c) include the following:

(i) the variance requested;

(ii) the duration of the variance;

(iii) the reason for requesting the variance;

(iv) the employer’s name, address, email address and telephone number;

(v) the name, email address and home phone number of each employee whose written approval is included in the application;

(vi) the total number of employees who will be affected by the variance.

Policy Interpretation

Under s.72 (a) of the Act, an employer and any of their employees may join in a written application to the director to vary a time period specified in the definition of "temporary layoff", in accordance with Section 30 of the Employment Standards Regulation.

Section 45.01 of the Regulation extends the time period of a temporary layoff for reasons related to the COVID-19 emergency from 13 weeks to a maximum of 24 weeks, ending on or before August 30, 2020.

Section 30.2 of the Regulation explains an alternate process that employers and affected employees can follow when requesting a variance under s.72 (a) of the Act.

This alternate process allows an employer to submit a variance application without gathering employee signatures when using the forms provided by the director (available at any Employment Standards Branch office).

Under this section, an employer and affected employees must jointly submit an application to the director. The variance application must include written approval from at least 51% of the total employees who will be affected.

An application for variance under s.30.2 must contain the following information:

  • the variance requested
  • the duration of the variance (i.e., the expected date of recall for all affected employees)
  • the reason for requesting the variance
  • the employer's name, address, email address and telephone number
  • the name, email address and home phone number of each employee whose written approval is included in the application
  • the total number of employees who will be affected by the variance

Section 73 of the Act provides for an explanation of the conditions that the Director will consider when deciding whether to approve a variance application. Employers who operate without a valid variance in place may be subject to an audit by the Director.

The Director enforces the minimum standards of employment in the workplaces of employees covered by the Act. Although the Act allows employers and employees to make an application for a variance of the provisions set out in s.72, the authority to grant a variance is exclusively that of the Director.

The Director must ensure that a variance is not inconsistent with the purposes of the Act. Section 2 of the Act ensures that employees receive at least basic standards of compensation and conditions of employment.

Related Information

Related sections of the Act or Regulation

ESA

ESR