1. The requirements of Part II "General Conditions", section 13.1 of the Employment Standards Act of the Province of Ontario, apply to employers who, on or after October 31, 1995, begin to provide building services such as cleaning, catering or security at the premises, replacing another employer who was providing those services.
1. Where a successor employer (contractors) hires an employee of the previous employer who provided these services at the premises, the employee will be deemed to have continuous service, and all employment with the previous employer shall be counted for purposes of ESA entitlements for public holidays, vacations, pregnancy and parental leave, and termination and severance pay.
2. If the successor employer (contractors) does not hire an employee of the previous employer who provided services at the premises, the successor employer must comply with Part XIV of the Act (termination and severance provisions), subject to the following exemption in Ontario Regulation 138/96:
• successor employers (contractors) do not have to provide termination and severance to employees who do not have a substantial connection to the site. This includes the following:
• employees whose duties were not primarily at the premises during the 13 weeks before the new contractor arrived;
• employees who are temporarily away and whose duties were not primarily at the premises during the last 13 weeks when they worked; and,
• employees who have not worked at the premises for at least 13 of 26 weeks before the successor takes over the contract.
3. If an employee was temporarily suspended or on pregnancy or parental leave, the 26 week period is extend by the amount of the time the employee was away.
• successor employers (contractors) do not have to provide termination and severance pay to employees who refuse a reasonable offer of employment. An employee's terms and conditions of employment with the previous employer is considered when determining whether or not the offer is reasonable.
4. If the successor employer (contractors) hires an employee of the previous employer, the previous employer shall pay the employee any accrued vacation pay.