Super
Job Search Tips
Things to Know About the
Employment Standards Act
Some Professions are Regulated
Part of your exploration while researching occupations
and labour market information
should also be about the working conditions. I have used
Province of Ontario as my example to give the readers
some idea on employment standards in the wonderful place
of work.
Please see more information on this at http://www.gov.on.ca/lab/english/es/index.html
As it states on the website of Government of Ontario:
All workers in Ontario are covered by the Employment Act,
except those who work in industries under federal jurisdiction,
such as airlines, banks, the federal civil service,
radio and television and railways . Every employer
covered by the Employment Standards Act must display a
poster in the workplace describing the highlights of the
Act.
Hours and Rates of Pay
Minimum Wage
Most employees are eligible for minimum wage, whether
they work full time,
part time or casually, regardless of whether they are
paid salary or commission or by an hourly, piece or flat
rate.
The current minimum wages in Ontario are: (Provincial
Rates vary)
General Workers: $6.85
Liquor Servers: $5.95
Students Under 18 Years of Age: $6.40
Homeworkers: $7.54
Homeworkers do paid work such as sewing clothes for a
manufacturer in their homes.
The minimum age is 14-years for most workplaces. There
are a few exceptions
including: factory operations, 15-years; construction
& logging operations,
16-years; and window cleaning, 18-years.
WORKDAY
The workday does not exceed 13 hours and employees are
entitled to 11 consecutive hours off work each day. Employees
working shift work must receive at least eight hours off
between shifts unless the total hours worked on both shifts
is less than 13. Employees must receive at least 24 consecutive
hours off each work- week.
NEW REGULATIONS - The weekly hourly limit
is 48 hours, but now under the EMPLOYMENT STANDARDS ACT,
employees can agree, in writing, to longer hours (up to
60 hours a week) without employers obtaining Ministry
approval.
OVERTIME
Employees are entitled to overtime pay after working
44 hours in a week. Overtime pay is at least 1½ times
the regular rate of pay. Employees can also take 1½ hours
of paid time off for each hour of overtime worked, as
long as both employee and employer agree in writing.
BREAKS
After five consecutive hours of work, employees are entitled
to a 30-minute meal break. However, if the employer and
employee agree, meal breaks can be split into two periods.
Coffee breaks are not covered by legislation.
VACATION AND HOLIDAY PAY (Generally same all over Canada)
Vacation
Employees earn two weeks of vacation time every 12 months.
Employees that work less than one year are entitled to
vacation pay - four per cent of their rate of pay. Employees
may take their vacation one or two weeks at a time but
if employee and employer agree in writing, vacations can
be scheduled in other ways.
PUBLIC HOLIDAYS (Bank Holidays)
Most employees are entitled to take paid public holidays.
Some employees, particularly those who work in hospitals
or in the tourist or restaurant industries, may be required
to work on public holidays. Others may agree in writing
to do so. They are entitled to either public holiday pay
plus their rate of pay for the hours worked or a substitute
holiday.
LEAVES OF ABSENCE AND TERMINATION
Leave of Absence
Emergency unpaid leaves of absences for illness; injury
or other emergencies are available, up to 10 days per
year. These leaves are different from sickness or bereavement
leaves, which are often part of employee benefits plans.
TERMINATION
No notice of termination is required if an employee
has been continuously employed for less than three months.
In other cases, the employer must provide advance written
notice of termination or give termination pay in lieu of
notice as follows:
After three months' employment - one week's notice after
one year's employment - two weeks
After three years' employment - three weeks
An additional week for each completed year of employment
to a maximum of eight weeks
Parental Privilege
Parental Leave
Parents can take up to 17 weeks of unpaid pregnancy or
paternity leave if they were hired at least 13 weeks before
the expected date of birth. These leaves are different
from maternity benefits and parental benefits under the
federal Employment Insurance Act. An employee who has
a miscarriage or stillbirth is still eligible for pregnancy
leave if the miscarriage or stillbirth occurred within
17 weeks of the due date.
EMPLOYEE RIGHTS
Rights
Employers are prohibited from using lie detectors to screen
employees. (Although high security jobs such as police
may need this test as part of their recruitment process)
Vacation - An Employment Standards Act Refresher
Vacation FAQs
Q) Do public holidays affect vacations and vacation
pay?
ANSWER) when an employee takes a block of vacation that
includes a public holiday he or she is still paid for
the public holiday. An employee can take another day off
work with pay within three months of the public holiday
or, if the employee agrees in writing, within 12 months
of the public holiday. Also, if the employee agrees in
writing, the employer can simply pay public holiday pay.
Q) Do employers have to provide vacation pay even
during labour disputes?
ANS) If employees strike or are locked out the employer
must still provide vacation pay for any scheduled vacation
time .
Q) What do I do if my employer doesn't follow the ESA?
When an employee thinks an employer is not complying with
the ESA?
ANS) He or she can visit the nearest Ministry of Labour
office (in Toronto call 416-326-7160) to discuss the situation
or file a complaint.
Complaints are investigated by an employment standards
officer who may order compliance with the ESA
Where can I find out more about vacations or other
workplace legislation
governed under the Employment Standards Act?
ANS) Contact the Employment Standards Information Centre
at 416-326-7160.
Check out the web site www.gov.on.ca/lab
or try the fax-on-demand service at 416-326-6546.
To buy copies of the ESA, call the Labour Publications
Sales Unit: 1-800-809-4731.
LABOUR LAW IN ONTARIO TOP TEN QUESTIONS
In the workaday world we don't often think about our
rights and responsibilities as employees. From time to
time however, the "need to know" comes up, and it can
be frustrating to get the answers quickly.
The Basics: The Ontario Ministry of Labour oversees
the Employment Standards Act, which covers most employees
in Ontario. Employment benefits such as employment insurance,
pregnancy leave and parental leave are administered through
Human Resources Development Canada (HRDC). So, the Ontario
Ministry of Labour and HRDC are the two main government
agencies that you need to know about as an employee in
Ontario. Some people will need to know about the Labour
Program of Human Resources Development Canada, which covers
employees in federally regulated businesses such as banks,
post-offices and transportation.
How long do I have to work to qualify for a paid public
holiday?
- There's no simple answer to this question, so it's
best to read the OntarioMinistry of Labour Fact Sheet,
but a basic guideline is that ALL of thefollowing five
conditions must be met to be eligible for pay on a paid
public holiday:
- You have been working for your present employer for
at least 3-months. You worked at least 12-shifts/days
during the 4-week period preceding the holiday.
- You worked your regularly scheduled days both before
and after the holiday.
- Reasonable cause was given if you previously agreed
to work on the holiday and you did not perform a full
day's work on that day.
- You are not employed under an agreement where you
may elect to work or not when requested to do so.
Under the law, Ontario has eight paid public
holidays: (There may be one or two additional public holidays
in other provinces)
- New Year's Day (JAN 1 ST)
- Good Friday
- Victoria Day
- Canada Day (JULY 1 ST)
- Civic Holiday August 5 th
- Labour Day 1 st Monday in September
- Thanksgiving Day
- Christmas Day
- December 26th, Boxing Day
I'm pregnant. How long do I have to work to
qualify for Employment Insurance Maternity Benefits?
You are eligible for maternity benefits if you have worked
at least 700-hours in the past 52-weeks. Basically, benefits
are calculated at 55% of your salary, up to a maximum
of $413.00, and continue for fifteen weeks.
You can apply for maternity benefits at your local Human
Resources Development Canada office no earlier than to
8-weeks before your expected date of delivery, and no
later than 17-weeks after the delivery. If you want to
be eligible for full entitlement - don't delay applying
for more than 1- week after delivery. For specific details,
consult HRDC officer once you arrive in Canada.
You should also know about Pregnancy leave, which is a
right pregnant women have under the Employment Standards
Act to take a leave of at least 17-weeks. To be eligible
for pregnancy leave, you must have been hired by your
present employer at least 13-weeks before the date your
due-date. Your employer does not have to pay you any wages
when you are on pregnancy leave.
Your partner may also want to consider parental benefits
and parental leave, which apply when you become a new
parent of a child. As such, you can take an unpaid leave
of up to 18-weeks to care for the new child, and you may
also qualify for parental benefits through Human Resources
Development Canada. Apply for benefits through your local
HRDC office.
I am quitting my job and I haven't taken a vacation
this year. Am I entitled to vacation pay? (Similar standards
for other provinces)
Yes! The Employment Standards Act states that
most workers in Ontario are eligible for vacation pay
- regardless of how long or how often you worked for your
present employer. Vacation pay is calculated as a percentage
of the gross amount you have earned this year, minus any
vacation pay received in advance.
By law, the minimum vacation entitlement is two weeks
per year, which is 4% of your gross earnings. Your employer
is required to pay vacation pay when you take your scheduled
vacation - but since you have not taken your vacation
this year, you should expect 4% of your gross earnings
since your last vacation, payable no later than 7-days
after your last day of work.
What is the difference between severance pay
and termination pay?
Termination pay, sometimes called "pay-in-lieu
of notice" or "lieu pay," is pay instead of proper written
notice of termination. The Act clearly states that notice
or termination pay is required for employees who have
been with their employer for more than 3-months. The notice
required is based on how long an employee has worked for
the employer and is essentially 1-week per
year, with the maximum being 8-weeks notice or termination
pay for 8-years or more of service. There are exceptions,
such as contract workers or situations involving a temporary
layoff. Some workers qualify for severance pay - an extra
payment for the years and effort in the employer's business.
In general, employees must have a minimum of 5-years to
qualify for severance pay and can receive one week per
year of service to a maximum of 26- weeks.
Employers can request permission from the Ontario Minister
of Labour to schedule extended hours for periods of excessive
demands.
Are home workers covered under minimum wage
provisions?
Yes, home workers not only receive the current Ontario
adult minimum hourly wage ($6.85), but are also entitled
to receive and extra 10% (.69) to cover the cost of utilities
and space. That makes the minimum hourly wage for full-time,
part-time and student home workers $7.54 an hour.
Note: Home workers are not domestic workers. Home workers
work in a private home for a business owned by someone
else. Examples of the types of jobs done by home workers
include: sewing, or other manufacturing, stuffing envelopes
or other packaging, food preparation, assembly, repair
or alterations. To hire home workers, employers must have
a permit from the
Director of Employment Standards, Ontario Ministry of
Labour.
I work in a retail store and get really stressed
because of the long hours I put in over the holidays.
I do it because we're very busy and short staffed, but
what are my legal rights?
Under the Employee Standards Act, retail employees have
the right to continuous rest periods of 36-hours, every
7-days, and the right to refuse work on Sundays or paid
public holidays. The Act also sets a limit of 8-hours
per day and 48-hours per week as normal working limits.
If you and your employer agree however, your workday can
be as long as 12-hours, although the 48-hours per week
limit still applies. Overtime (one and one-half times
your regular wage) must be paid after 44-hours.
See above to determine if you are eligible for pay on
a paid public holiday. If you do not qualify for a paid
public holiday, you are obliged to work if it's your regularly
scheduled day of work. The good news is that you are entitled
to one and one-half times your regular wage for all the
hours you work on the holiday!
I am often sent home from work because it is
slow and we don't have any orders to process. Should I
expect to be paid for the shift anyway?
You fall under the Three-hour Rule. If you are called
in to work, and work less than three hours, you are entitled
to whichever of the following pays the higher amount:
3-hours at the minimum wage, or your regular wage for
the time you worked.
Exception: This rule does not apply when the regular shift
is less than 3-hours long, and exempts students, including
those over 18-years.
I have not received any pay for work I completed
several months ago, and I am owed close to $1000.00 in
unpaid wages. How do I go about getting my money?
In Canada there are two sets of labour laws. The Employment
Standards Act (Ontario Ministry of Labour) covers provincial
workers, and the Canada Labour Code (HRDC Human Resources
Development Canada, Labour Program) covers workers in
industries that have federal or international jurisdiction
– such as post offices, railways, airlines, banks,
shipping companies that cross provincial and state borders,
and radio and television stations.
Chances are the Employment Standards Act covers your grievance.
File your claim with the Ontario Ministry of Labour. The
average case takes about six months to resolve, so it's
best to try resolving it by writing to your previous employer
first. The Ministry can help you with this. There's also
a time limit to file your claim (usually within six months
of termination) -
so don't waste any time!
Contacting the Ontario Ministry of Labour:
Telephone Inquiry Number
416- 326-7160
1-800-531-5551
