This is the Employment LawAssignment. The topic will be shown as follows:

• If you have no experience writing about, read the ESA and pick a section to discuss (it surprises you, or you think it to be particularly unfair - explain your reasons and consider seeing if another province or another country has equivalent laws).

I choose this part to discuss:

Part 2 Hiring Employees

No false representations

8 An employer must not induce, influence, or persuade a person to become an employee, or to work or to be available for work, by misrepresenting any of the following:

(a)the availability of a position.

(b)the type of work.

(c)the wages.

(d)the conditions of employment.

Hiring children under 16 years of age

9 (1)In this section, "light work" means prescribed work or a prescribed occupation that the Lieutenant Governor in Council considers is unlikely to be harmful to the health or development of a child who is 14 or 15 years of age.

(2)A person must not employ a child

(a)who is under 14 years of age without the director's permission, or

(b)who is 14 or 15 years of age

(i)to perform light work without the written consent of the child's parent or guardian, or

(ii)to perform any other work without the director's permission.

(3) In permitting the employment of a child under subsection (2)(a) or (b)(ii), the director may set conditions of employment for the child.

(4) An employer must comply with the conditions of employment set by the director under subsection(3).

No charge for hiring or providing information

10 (1)A person must not request, charge or receive, directly or indirectly, from a person seeking employment a payment for

(a)employing or obtaining employment for the person seeking employment, or

(b)providing information about employers seeking employees.

(2)A person does not contravene this section by requesting, charging, or receiving payment for any form of advertisement from the person who placed the advertisement.

(3)A payment received by a person in contravention of this section is deemed to wage owing and this Act applies to the recovery of the payment.

No fees to other people

11 (1)An employment agency must not make a payment, directly or indirectly, to a person for obtaining or assisting in obtaining employment for someone else.

(2)A farm labor contractor must not make a payment, directly or indirectly, to a person for whom the farm labor contractor's employee's work.

(3)A person does not contravene this section by paying for any form of advertisement placed by that person.

Employment and talent agencies must be licensed

12 (1)A person must not operate an employment agency or a talent agency unless the person is licensed under this Act.

(2) Subsection (1) does not apply to a person operating an employment agency for the sole purpose of hiring employees exclusively for one employer.

Farm labor contractors must be licensed

13 (1)A person must not act as a farm labor contractor unless the person is licensed under this Act.

(2)A producer must not engage the services of a farm labor contractor unless the farm labor contractor is licensed under this Act.

(3) If a producer engages the services of an unlicensed farm labor contractor, the producer is deemed for this Act to be the employer of each employee of the unlicensed farm labor contractor who performs work on behalf of the producer.

Written employment contract required for domestic workers

14 (1) On employing a domestic worker, the employer must provide the domestic worker with a copy of the employment contract.

(2) The copy of the employment contract provided to the domestic worker must clearly state the conditions of employment, including

(a)the duties the domestic worker is to perform,

(b)the hours of work,

(c)the wages, and

(d)the charges for room and board, if applicable.

(3) If an employer requires a domestic worker to work any hours other than those stated in the employment contract, the employer must add those hours to the hours worked during that pay period under the employment contract.

Register of employees working in residences

15 An employer must provide the director, by the regulations, any information required for establishing and maintaining a register of employees working in private residences.