Important Update for Our Community
At TempStars, transparency and commitment to our dental community are core values. We want to address questions about Ontario's new licensing requirements for Temporary Help Agencies (THAs) and recruiters, effective July 1, 2024.
Our Current Operating Model
TempStars is a digital platform enabling direct connections between dental offices and dental professionals, similar to specialized job boards or classified ads. Key aspects of our service include:
- Dental offices post their opportunities directly on the platform
- Dental professionals browse and select opportunities independently
- Direct communication between parties
- No employment relationship between TempStars and dental professionals
- No active matching or deployment of professionals
- Optional payment processing for convenience
- No exclusivity requirements
- No finder's fees or hiring restrictions
Our Commitment to Compliance
While our current operating model differs from traditional THAs and recruiters, we understand the importance of providing peace of mind to our community. Therefore, TempStars has secured a recruiter licensing as of November 2024 to:
- Ensure our dental offices can use our platform with complete confidence
- Support future service expansions
- Demonstrate our commitment to operating at the highest standards of compliance
What This Means for You
- Dental Offices: Continue using TempStars as usual, knowing we've taken extra steps to protect your interests. You will still review and select the individual you'd like to fill your shift needs!
- Dental Professionals: No changes to how you use the platform or your independence in selecting opportunities
NOTE: Conduct your own due diligence, whether as a dental office owner or dental professional. The tax and employment laws change, and the information in this article may not apply to your unique situation. The following is not legal or tax advice, nor is a guarantee of compliance in your unique situation. Always consult your tax and legal experts for advice and guidance based on your individual situation.
Given the long history of Dental Temping in the profession, it’s understandable to imagine that all services in that space are generally the same and operate under the same Agency model.
This is not the case - in fact, TempStars is proud to have been on of the first pioneers and trailblazer in using cutting edge technology to allow dental office owners and managers to connect directly with local available dental professionals, without the need for the high fees, negotiations and friction of agency intervention.
It helps to think of TempStars kind of like a very specialized mix of Classified Ads, Indeed and LinkedIn that is laser-focused on allowing individual parties to find each other - quickly and easily making direct dental temping connections between each other.
Understanding TempStars' Role Under Ontario's New Licensing Regulations
Introduction
Effective July 1, 2024, the Ontario government is implementing new licensing requirements for Temporary Help Agencies (THAs) and recruiters under the Employment Standards Act, 2000 (ESA). We want to clarify how these changes affect your use of TempStars, and clarify the way TempStars operates which differentiates TempStars from being classified as a THA. This article explains the new regulations and how TempStars fits within this legal framework.
Overview of the New Licensing Law
Purpose
- Enhance Transparency: Ensure workers know who they're working for.
- Protect Workers: Safeguard against unethical employment practices.
- Ensure Compliance: Hold agencies and recruiters accountable under Ontario law.
Key Points
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Licensing Requirements
- THAs must obtain a license to operate.
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Recruiters must obtain a license to act as a recruiter.
- *Although TempStars is defined as a THA or traditional Recruiter, TempStars has obtained a recruiter license to give our clients an additional piece of mind that they are partnering with a company that is compliant with all regulations.
- Clients are prohibited from using unlicensed THAs.
- Employers and recruiters are prohibited from using unlicensed recruiters.
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Scope of Application
- Applies to THAs and recruiters operating in Ontario, regardless of their physical location.
- Each legal entity must apply separately.
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Important Dates
- July 1, 2024: Licensing requirements came into effect.
Definitions Under the ESA
Temporary Help Agency (THA)
- Definition: An entity that employs individuals and assigns or hires them out to clients on a temporary basis.
- Assignment Employee: An individual employed by a THA to perform work on a temporary basis for the agency's clients.
Recruiter
- Definition: A person or entity that, for a fee, finds or attempts to find employment in Ontario for prospective employees or assists employers in hiring individuals.
Why TempStars Is Not a THA
TempStars is a digital platform designed to facilitate direct connections between dental offices and dental professionals. Here's how our operations differ from those of a THA:
1. No Employment Relationship
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Explanation:
- TempStars does not employ dental hygienists, assistants, or any professionals.
- Dental professionals are using the platform to search for and find opportunities on their own accord - not through direction or guidance from TempStars.
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Implication:
- Since we don't employ dental professionals, we are not a THA that assigns employees to clients.
2. Direct Connections Without Intermediary Involvement
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Explanation:
- Dental offices post opportunities directly on the platform.
- Dental professionals view and apply for these opportunities themselves, on their own accord without direction from TempStars.
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Implication:
- TempStars does not assign or deploy professionals, distinguishing us from THAs.
3. No Active Matching or Selection
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Explanation:
- We do not match professionals to job postings. TempStars postings are available for viewing, like a typical Job Board or Classified Ads service.
- Dental professionals choose which opportunities to pursue on their own accord without direction or guidance from TempStars.
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Implication:
- By not participating in the selection process, we are not acting as a typical recruiter.
4. No Negotiation of Employment Terms
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Explanation:
- Dental professionals set their own rates and terms of compensation
- Dental offices set their own terms and details when posting shifts.
- Dental professionals decide which shifts to apply for, on their own accord, setting their own hourly rates.
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Implication:
- TempStars does not negotiate or influence employment terms, the employment relationship, nor earnings or hourly rates.
5. Transparent Fee Structure
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Explanation:
- Our fees are strictly for platform access and premium features.
- We do not charge based on a percentage of compensation.
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Implication:
- This differentiates us from recruiters who earn fees from employment placements
6. Platform as a Service Provider
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Explanation:
- TempStars functions as a technology provider, similar to a specialized job board.
- We offer tools for users to connect and communicate directly.
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Implication:
- Our role is to facilitate connections, not to act as an intermediary in employment.
7. User-Controlled Interactions
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Explanation:
- Dental offices control the selection of professionals.
- All communications occur directly between dental offices and the candidate applying.
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Implication:
- This autonomy means we're not mediating employment relationships.
8. Optional Payment Processing
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Explanation:
- Payment processing features are optional and for your convenience.
- They're not mandatory to use the platform - dental offices choose how they prefer to pay the dental professional who works at their office.
- We do not hold or delay any payments made through the payment processing. When a dental office chooses to use TempStars payment processing feature, the funds are transferred directly to the dental professional, in full, upon receipt of the funds from the dental office.
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Implication:
- We are not involved in managing employment and payment transactions.
9. No Finder's Fees or Hiring Restrictions
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Explanation:
- We do not charge fees if dental offices hire a professional permanently.
- There are no restrictions on engaging with professionals outside the platform.
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Implication:
- This openness sets us apart from traditional recruiters.
10. No Exclusivity
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Explanation:
- We do not solicit or require exclusivity for dental offices or dental professionals.
- Dental offices and dental professionals are free to use any altrenative service or means outside of TempStars to find temping and hiring connections.
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Implication:
- This openness and lack of restrictions sets us apart from traditional recruiters.
11. Clear Terms of Service
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Explanation:
- Our terms of service reflect our role as a passive platform.
- We disclaim any functions of an employment agency or recruiter.
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Implication:
- Provides legal clarity on our operational model.
Frequently Asked Questions
1. Can I continue to use TempStars without any legal concerns?
Yes!
With that said, everyone needs to conduct their own due diligence, whether a dental office owner or dental professional. The tax and employment laws change, and the information in this article may not apply to your unique situation. Always consult your tax and legal experts for advice and guidance based on your individual situation.
Important Notice
This information is provided for general guidance only. The tax and employment laws change, and this information may not apply to your unique situation. Always consult your tax and legal experts for advice based on your individual circumstances.
Contact Us
If you have any questions or need further clarification, please don't hesitate to reach out:
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