The Employment Standards Act. Know your rights.

Summary

This 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.