Employment Standards (source : Community Legal Education Ontario and Ministry of Labour) The law may change at any time. The information and answers to the questions below contain general information and are not a substitute for getting legal advice for your particular situation. For free legal advice, contact us at 613-632-1136 or 1-800-250-9220. The clinic assists employees only. If you are an employer, you can contact a private bar lawyer or the Lawyer Referral Service for a referral to a lawyer and 30 minutes of free legal advice at 1-800-268-8326.The clinic gives legal advice to employees on a variety of subjects, such as:- Being fired or laid off;
- Hours of work;
- Minimum wage;
- Overtime;
- Public Holidays;
- Vacations and vacation pay;
- Maternity and Parental leave;
- Family medical leave;
- Etc.
Employment standards for most Ontario employees are enforced under the Employment Standards Act, 2000 (ESA), which sets out the minimum standards that employers and employees must follow. However, not all jobs are covered by the ESA and in some cases, only parts of the ESA apply. Some industries are regulated by the federal government, including banks, airlines, trucking, and broadcasting. Workers in these industries are covered by the Canada Labour Code. Other examples where the ESA does not apply include students in work experience programs authorized by a school board, college, or university; people on social assistance doing community participation (workfare) under Ontario Works, and inmates in work programs and people ordered or sentenced by a court to work.Some employers say that their workers are self-employed and the ESA does not apply to them. If this is your situation, it is a good idea to get legal advice. Whether you are covered or not by the ESA, contact us for free legal advice. The questions to the answers below are for employees covered by the ESA only. To find out if you are covered or not by the ESA, contact us. How much does my employer have to pay me?In most jobs in Ontario you must be paid at least $10.25 an hour in 2010. If you work serving alcohol, you must be paid at least $8.90 an hour. If you are a homeworker, you must be paid at least $11.28 an hour. If you are a student under 18 years of age and you work during school holidays, or less than 28 hours a week during the school term, you must be paid at least $9.60 an hour.Does my employer have to give me a pay stub?Yes, on or before your payday, your employer has to give you a statement of your wages. This is often called a pay stub. The pay stub must include: your rate of pay, the pay period covered, your wages for that period, before and after any deductions, and the amount and reason for any deductions.How many vacation days can I take?Most people are entitled to at least 2 weeks’ vacation earned by working 12 months for the same employer. Vacation pay must be at least 4% of the total wages you earned during the qualifying period for paid vacation.When you leave a job, your employer must pay you any vacation pay you have earned that is owed to you.Do I get paid holidays?On public holidays, people in most jobs have the right to get the day off with holiday pay. It does not matter if you work full-time or part-time, how long you have worked in that job, or if the public holiday falls on a day that you would usually work. You must work your regular work day, before and after the holiday, unless you had “reasonable cause” not to work. Examples of reasonable cause include illness or injury. It is up to you to show that you had reasonable cause to miss work. Holiday pay is calculated by adding up your earnings (your regular wages plus vacation pay) for the 4 work weeks before the work week with the holiday in it, and dividing that total by 20.Ontario has nine public holidays per year : New Year’s Day, Family Day, Good Friday, Victoria Day, Canada Day, Labour Day, Thanksgiving Day, Christmas Day and Boxing Day. Can I be fired if I get pregnant?No, your pregnancy is not a reason for your employer to fire you.If you have worked for your employer for at least 13 weeks before your due date, you can take up to 52 weeks off work without pay. You might qualify for EI maternity and parental benefits for part of this time. When you return, your employer must give you back your job or a comparable job unless you are fired or laid off for reasons unrelated to your leave.While you are on pregnancy or parental leave, your employer must continue to give you the benefits you usually get, such as health coverage and pension contributions, as long as you continue to pay your share.If you have passed the probationary period in your job, your seniority or length of service will continue to increase while you are on leave. But if you were still on probation when you started your leave, you will have to complete it when you return to work.When your leave is over, your employer must give you your old job back, with no cut in pay. If the pay for your job has gone up since you went on leave, you must get the higher amount. If your old job no longer exists, your employer must give you a similar job with no cut in pay.There are rules about the notice you must give your employer and when your leave can begin. Call us for more information.How can I enforce my rights as a worker?You may be able to make a claim against your employer. The Ministry of Labour can order your employer to pay you money that you are owed. In some cases, the Ministry can order your employer to give you your job back and to compensate you for any loss caused by your employer’s actions. For example, this is the case if your employer broke the law by penalizing you for exercising your legal rights. In some cases, you may be able to bring a court action against your employer. If you do, you cannot file a claim for the same violation of your rights with the Ministry of Labour.In general, a claim for unpaid wages must be filed with the Ministry of Labour within 6 months of the date the wages were owing. The claim can include unpaid wages for the last 12 months, as long as it is filed within 6 months of one of the dates when unpaid wages were due.A claim for vacation pay can be filed up to 12 months after it became due.In certain cases, you have up to 2 years to file if your claim does not involve any unpaid wages. For example, you have up to 2 years to file a claim against your employer for penalizing you, or threatening to penalize you, because you exercised your legal rights.Don’t hesitate to call us for free legal advice concerning employment standards.Other resources:- Ministry of Labour Employment Standards Information Centre : Telephone 416 326-7160 or, Toll free 1 800 531-5551 or, Toll-free TTY 1 866 567-8893. Website : www.labour.gov.on.ca
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