The Employment Standards Act. Know your rights.
Summary
TLDRThis video script by the Ministry of Labour educates Ontario employees on their rights under the Employment Standards Act (ESA). It covers topics like daily and weekly work limits, minimum wage, overtime pay, meal breaks, vacation time, public holidays, leaves of absence, and termination notice. It also emphasizes the illegality of employer reprisals and provides resources for further information and claims.
Takeaways
- 📜 The Employment Standards Act (ESA) in Ontario establishes minimum workplace standards and protects most employees.
- 🕒 Daily and weekly work limits are set by the ESA, including a maximum 8-hour workday and a 48-hour workweek, with provisions for overtime.
- 📝 Employees can only work more than the daily limit with written agreement, including electronic consent, and are entitled to overtime pay after 44 hours in a week.
- 🍽 The ESA mandates a 30-minute unpaid meal break after five consecutive hours of work for most employees.
- 💰 Minimum wage rates vary by employee type, and the general minimum wage must be paid to most employees, with current rates available online.
- 📅 Employers must have regular pay periods and provide pay stubs detailing wages and deductions, with only certain deductions allowed by law.
- 🏖 Employees are entitled to vacation time and pay based on their length of service, with specific rates for those with less than 5 years and 5 or more years of employment.
- 🎉 Most employees are entitled to public holidays off, with those working on these days receiving premium pay or a substitute day off with pay.
- 📝 Employees have the right to take various leaves of absence as protected by the ESA, without fear of employer retaliation.
- ❌ It is illegal for employers to penalize employees for exercising their rights under the ESA, including asking about or enforcing them.
- 📞 The Employment Standards Information Centre provides assistance and information about ESA rights and filing claims, available in multiple languages.
Q & A
What is the purpose of the Employment Standards Act (ESA) in Ontario?
-The ESA sets out minimum standards for workplaces in Ontario, protecting most employees and outlining their rights and the obligations of employers.
How can I find out if the ESA applies to me?
-You can use the Guide to Special Rules and Exemptions available on the Ministry of Labour's website to determine if the ESA applies to you.
What are the daily and weekly limits on working hours in Ontario as per the ESA?
-The daily limit is typically 8 hours or the established regular workday if longer, and the weekly limit is 48 hours, with exceptions requiring written agreement and conditions met for overtime.
Can an employer make me work more than the daily maximum without my consent?
-No, the daily maximum can only be exceeded with your written or electronic agreement.
What is the minimum wage in Ontario, and are there different rates for certain types of employees?
-The general minimum wage applies to most employees, but there are different rates for students, liquor servers, homeworkers, and hunting and fishing guides, which can be found on Ontario.ca/minimumwage.
How often should I be paid, and what documentation should I receive with my payment?
-Employers must establish regular pay periods and provide pay stubs or wage statements on or before the payday, detailing wages and any deductions.
What are the rules regarding eating periods under the ESA?
-Employees must not work more than five consecutive hours without a 30-minute unpaid eating period, as regulated by the ESA.
How does the ESA define vacation time and pay for employees?
-Employees with less than 5 years of service are entitled to two weeks of vacation and at least 4% vacation pay, while those with 5 or more years get three weeks and at least 6% pay, with rules for payment before vacation or on each paycheque.
What are my rights if I am asked to work on a public holiday in Ontario?
-You may be entitled to your regular pay plus a different day off with public holiday pay, or public holiday pay plus premium pay of at least 1.5 times your regular rate for each hour worked on the holiday.
What types of leaves of absence am I entitled to under the ESA?
-The ESA provides for various leaves of absence for protected reasons, regardless of employment status, with the employer unable to punish or terminate for taking a protected leave.
What should I do if I believe my employer is not following the ESA guidelines?
-You can contact the Employment Standards Information Centre at 1-800-531-5551 for help understanding your rights or file a claim using the ministry's claim form available at Ontario.ca/ESAforms.
Can my employer retaliate against me for asking about or exercising my rights under the ESA?
-No, it is illegal for an employer to penalize, intimidate, fire, or threaten for exercising rights or asking about them under the ESA, and they may be ordered to compensate or reinstate the employee.
How can I obtain the Employment Standards Poster, and what does it include?
-The poster, which briefly describes some of the Employment Standards in Ontario, is available for free online in multiple languages and can be downloaded from Ontario.ca/ESAposter.
Outlines
📚 Understanding the Employment Standards Act (ESA)
This segment introduces the Employment Standards Act (ESA) in Ontario, highlighting its purpose to set minimum standards for workplaces. Camille Cendana, an Employment Standards Officer, explains that the ESA protects most employees and outlines their rights. The video covers topics such as daily and weekly work limits, overtime pay, eating periods, minimum wage rates for different categories of workers, regular pay periods, vacation time and pay, and public holidays. It also mentions resources like the Employment Standards Poster and the Guide to Special Rules and Exemptions, available online. The importance of written agreements for exceeding work limits and the requirement for employers to provide pay stubs are emphasized.
💼 Rights and Obligations in the Workplace
This paragraph delves into specific rights and obligations under the ESA. It discusses the entitlement to public holidays, unpaid leaves of absence, termination notice and pay, and the illegality of employer reprisals for exercising rights under the ESA. The segment covers the conditions under which employees can be asked to work on public holidays and the compensation they are entitled to. It also explains the protections for employees taking leaves, including the prohibition of employer retaliation. The video provides guidance on how to determine eligibility for termination notice or pay and encourages employees to contact the Employment Standards Information Centre for assistance. The segment concludes with a reminder of the prohibition against employer reprisals and the availability of resources to help understand and enforce ESA rights.
🗣️ Accessing Information and Support
The final paragraph emphasizes the availability of resources for understanding and enforcing rights under the Employment Standards Act. It mentions the Employment Standards Information Centre as a point of contact for employees with questions about the ESA, including how to file a claim. The Centre is equipped to provide assistance in multiple languages, including English and French. The paragraph also notes that employees can access the employment standards claim form online and that unionized employees should consult their union representatives. It concludes by reiterating the importance of understanding all rights under the ESA and the availability of further information through the Ministry of Labour's website and contact number.
Mindmap
Keywords
💡Employment Standards Act (ESA)
💡Daily and Weekly Limits
💡Overtime Pay
💡Minimum Wage
💡Pay Period and Payday
💡Vacation Time and Pay
💡Public Holidays
💡Leave of Absence
💡Termination
💡Reprisal
💡Claim
Highlights
The Employment Standards Act (ESA) sets out minimum standards for workplaces in Ontario.
The Ministry of Labour provides an Employment Standards Poster to help employers and employees understand their obligations and rights.
Ontario has daily and weekly limits on work hours, with a maximum of 8 hours per day or the regular workday length, and 48 hours per week.
Employees can work more than the daily maximum with written agreement, including electronic consent.
Overtime pay is required for most jobs after 44 hours of work in a week, at a rate of at least 1.5 times the regular pay.
Employees are entitled to a 30-minute unpaid eating period after working more than five consecutive hours.
Different minimum wage rates apply to students, liquor servers, homeworkers, and hunting and fishing guides.
Employers must establish a regular pay period and provide a pay stub or wage statement on or before the payday.
Only certain deductions are allowed from wages, and the Ministry of Labour provides a video on illegal deductions.
Employees with less than 5 years of employment are entitled to two weeks of vacation time, and those with 5 or more years are entitled to three weeks.
Vacation pay must be paid in a lump sum before vacation time, or can be paid on each paycheque if agreed upon.
Ontario has nine public holidays per year, and most employees are entitled to take these days off.
Employees working on a public holiday may be entitled to regular pay plus a different day off, or public holiday pay plus premium pay.
Employees protected by the ESA have the right to take unpaid time off for certain reasons, without punishment or termination.
Employers must provide notice of termination, termination pay, or a combination of both, depending on the length of employment.
It is illegal for employers to penalize employees for exercising their rights under the ESA or for asking about them.
Employees can contact the Employment Standards Information Centre for help understanding their rights or filing a claim.
The Ministry of Labour offers a Termination Tool to help determine entitlements to termination notice or pay.
Information on all ESA rights and special rules, including severance pay and temporary help agency rules, is available on the Ministry's website.
Transcripts
[Title: The following material is for educational purposes only and is not intended to be used as a source of legal advice.]
[Title: The Employment Standards Act: Know Your Rights]
Host >> Hi, I'm Camille Cendana,
an Employment Standards Officer
with the Ministry of Labour.
Most employees in Ontario
are protected by the Employment Standards Act, or ESA.
It sets out minimum standards for workplaces.
Over the next few minutes,
I'll give you some helpful information
about your rights under the ESA.
You'll learn how it may apply to you
and also where to find additional resources.
You may have greater rights under other legislation
or the common law.
To help ensure that employers understand their obligations
and employees know their rights,
the ministry has prepared the Employment Standards Poster
which briefly describes some of the Employment Standards in Ontario.
The poster is available for free online
in English and many other languages.
To learn more about the poster requirements, or to download the poster,
visit Ontario.ca/ESAposter
To see if they apply to you,
try the Guide to Special Rules and Exemptions
available on our website.
Woman 1 >> The boss is making me work 10 hours again today.
Can she just do that whenever she wants?
Woman 2 >> I don't know.
She does that to me all the time too.
Host >> In Ontario there are daily and weekly limits
to how long you can be asked to work.
For most jobs, the daily limit is 8 hours,
or the number of hours in an established regular workday,
if it's longer than 8 hours.
The daily maximum can only be exceeded
if you agree in writing, including electronically.
The weekly limit for most jobs is 48 hours.
But you can work more if certain conditions are met.
Your employer needs to receive your written agreement,
they must supply you with information about your rights
before you sign,
and for most jobs, after 44 hours of work in a work week
you must receive overtime pay.
The overtime rate must be at least
1½ times your regular rate of pay.
Eating periods are also regulated by the ESA.
Most employees must not work
more than five consecutive hours
without a 30-minute unpaid eating period.
You can learn more about overtime,
eating periods, and the daily and weekly limits
at Ontario.ca/hoursofwork.
Employer 1 >> Well, you got the job,
but times are tough
so I can only give you $10.00 an hour.
Employee 1 >> That's not even minimum wage.
Host >> Most employees are entitled to be paid
at least the general minimum wage.
However, there are different minimum wage rates for students,
liquor servers, homeworkers, and hunting and fishing guides.
For current rates visit Ontario.ca/minimumwage.
Employee 2 >> So, I haven't been paid in three weeks.
My rent is coming up due.
When am I going to get paid next?
Host >> Employers must establish a regular pay period
and pay employees on a regular payday.
An employer can pay wages by cash,
cheque, or direct deposit into your bank account.
You must also be provided with a pay stub
or wage statement on or before the established payday.
The pay stub lists both the wages
and any deductions made in the pay period.
Only certain kinds of deductions
are allowed to be taken from your wages.
You can watch the Ministry of Labour's video,
Illegal Deductions from Wages
on the Government of Ontario's YouTube channel
to find out more.
Camille >> Hey Karen, how are you?
Karen >> Hi Camille,
how long do you have to work here to get a vacation?
Camille >> I think it's about a year.
Host >> Generally,
after completing each 12 month period of work
employees with less than 5 years of employment
are entitled to two weeks of vacation time
and employees with 5 or more years of employment
are entitled to three weeks.
In most cases,
employees with less than 5 years of employment
are also entitled to receive vacation pay -
which is at least 4% of gross wages earned
in the vacation entitlement year,
while employees with 5 or more years
are entitled to receive vacation pay
which is at least 6%
of gross wages earned in the vacation entitlement year.
The vacation pay earned
must be paid to an employee in a lump sum
before they take vacation time.
But if you and your employer agree
electronically or in writing,
vacation pay can be paid on each paycheque
or at any other time
To learn more about vacation time and pay,
read the Vacation chapter in Your Guide
to the Employment Standards Act,
available at Ontario.ca/vacation.
Employee 3 >> Working this holiday, it's so busy today.
Employee 4 >> At least we get paid extra.
Host >> There are nine public holidays in Ontario every year.
Most employees are entitled to take these days off.
Some employees work in industries
where they may have to work on a public holiday.
If you are asked to work on a public holiday
you may be entitled to either:
your regular pay plus a different day off
with public holiday pay,
or public holiday pay plus premium pay,
which is at least 1.5 times your regular rate,
for each hour worked on the holiday.
To learn more about public holidays,
read the public holiday chapter
in Your Guide to the Employment Standards Act,
available at Ontario.ca/publicholidays.
Employee 5 >> I've only worked here for 6 months;
do you know if I can take a leave?
Employee 6>> I don't know, that's a really good question.
Host >> If you're protected by the ESA,
you have the right to take unpaid time off,
as a leave of absence, for certain reasons.
It doesn't matter if you're a full-time,
part-time, permanent, or term contract employee.
There are a number of different leaves you may be entitled to,
Your employer can't punish
or terminate you for taking a protected leave
and, in most cases,
they must return you to your job when your leave is over.
Information on all the different leaves of absence
is available in Your Guide to the Employment Standards Act.
Employee 7 >> Hello, you asked to see me?
Employer 2 >> Hi Linda, thank you for coming.
You're a good employee, and have been for the last 4 years,
unfortunately the business is no longer profitable.
I'm going to have to let you go.
Sadly, 4 weeks from today will be your last day.
Here's your written notice.
Host >> In most cases,
if you're terminated, your employer must give either:
notice of termination, termination pay,
or a combination of both.
The amount you may be entitled to
depends on how long you worked for your employer.
You're only eligible if you've been employed continuously
for at least three months.
Please note that the ESA establishes
only minimum employment standards,
you may also have rights under the common law
or other legislation.
To find out if you might be entitled to termination notice
or pay,
try our Termination Tool
available at Ontario.ca/ESAtools.
Employee 8 >> Hey Chris, I heard you were going to ask the boss
to start paying you overtime pay.
Employee 9 >> Yeah.
Employee 8 >> I wouldn't do that if I were you.
Employee 9 >> Why not?
Employee 8 >> The last guy who asked about getting
his overtime pay was fired.
Employee 9 >> Really?
Thanks.
Employee 8 >> No problem.
Host >> It is illegal for your employer
to penalize you for exercising your rights
under the Employment Standards Act,
or for asking about them.
That means, your employer cannot: intimidate you,
fire you, suspend you, punish you,
or threaten any of these actions for exercising your rights
or asking about them.
If your employer does, it's called a reprisal,
and your employer can be ordered
by an Employment Standards Officer to:
compensate you for any loss incurred
because of a reprisal,
reinstate you to your job,
or both compensate and reinstate you.
Employee 10 >> Hi, Sue.
So my last day is on Friday;
I wonder when I'm supposed to get my last paycheque?
Host >> If you have a question about the ESA
or need information on how to file a claim,
you can contact the Employment Standards Information Centre
at 1-800-531-5551.
Information centre staff can help you understand your rights,
and answer your questions in English, French,
and many other languages.
When you call, you don't have to provide your name
or the name of your employer. And remember,
your employer cannot punish you
for talking to the Ministry of Labour.
If you believe that you have not received
your entitlements under the ESA,
you can file a claim.
A claim can be filed with the ministry
in a number of different ways.
To access the employment standards claim form,
visit Ontario.ca/ESAforms.
Unionized employees should talk to their union representative
for help with their issue.
There are other ESA rights
and special rules that I haven't touched on,
including, severance pay
and rules for assignment employees
of temporary help agencies.
For more information on all your rights,
please visit our website
Ontario.ca/employmentstandards
or call our Information Centre: 1-800-531-5551.
Information is available in English,
French, and many other languages.
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