The Employment Standards Act. Know your rights.

ONgov

25 Oct 202110:17

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

00:00

📚 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.

05:00

💼 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.

10:04

🗣️ 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)

The Employment Standards Act (ESA) is a legislative framework in Ontario that establishes minimum standards for workplaces, including hours of work, minimum wage, and termination rights. It is central to the video's theme as it outlines the rights of employees and obligations of employers. For example, the script mentions that 'Most employees in Ontario are protected by the Employment Standards Act, or ESA,' and it goes on to detail various rights such as overtime pay and public holidays that employees are entitled to under the ESA.

💡Daily and Weekly Limits

Daily and weekly limits refer to the maximum number of hours an employee can be asked to work in a day or a week. These limits are part of the ESA and are crucial for understanding the video's message on employee rights. The script states that 'In Ontario there are daily and weekly limits, to how long you can be asked to work,' and it specifies the limits as 8 hours a day or 48 hours a week, with provisions for overtime.

💡Overtime Pay

Overtime pay is the additional compensation employees receive for working beyond their regular hours, as stipulated by the ESA. It is a key concept in the video's discussion of employee rights. The script explains that 'after 44 hours of work in a work week, you must receive overtime pay' and that 'the overtime rate must be at least 1½ times your regular rate of pay.'

💡Minimum Wage

Minimum wage is the lowest hourly rate of pay that employers can legally pay their employees, as mandated by the ESA. It is a fundamental concept in the video, illustrating the baseline earnings for workers. The script mentions that 'Most employees are entitled to be paid, at least the general minimum wage,' and it notes different rates for various categories of workers, such as students and liquor servers.

💡Pay Period and Payday

A pay period and payday are the intervals and dates on which employees are paid their wages. These terms are important for understanding the regularity and predictability of wage payments. The script states that 'Employers must establish a regular pay period, and pay employees on a regular payday,' and it also mentions the requirement for providing pay stubs.

💡Vacation Time and Pay

Vacation time and pay are the periods of leave and the corresponding pay that employees are entitled to after a certain period of employment, as per the ESA. They are significant aspects of the video's theme on employee benefits. The script explains that employees 'with less than 5 years of employment are entitled to two weeks of vacation time,' and those with more years of service are entitled to three weeks, along with vacation pay.

💡Public Holidays

Public holidays are non-working days recognized by the state, and most employees are entitled to take these days off or receive special pay if they work on these days. This concept is integral to the video's discussion of employee rights. The script notes that 'There are nine public holidays in Ontario every year' and details the entitlements for employees who work on these holidays.

💡Leave of Absence

A leave of absence is a period during which an employee is temporarily not working, often for personal or family reasons, as protected by the ESA. It is a key concept in the video's exploration of employee rights. The script mentions that 'If you're protected by the ESA, you have the right to take unpaid time off, as a leave of absence, for certain reasons.'

💡Termination

Termination refers to the end of an employment relationship, either initiated by the employer or the employee. It is a critical concept in the video's discussion of employee rights upon job loss. The script explains the employer's obligations during termination, such as providing 'notice of termination, termination pay, or a combination of both.'

💡Reprisal

Reprisal is the act of penalizing an employee for exercising their rights under the ESA or for inquiring about them. It is an important concept in the video's message about the protection of employee rights. The script warns that 'It is illegal for your employer to penalize you for exercising your rights, under the Employment Standards Act,' and outlines the consequences for employers who engage in reprisals.

💡Claim

A claim in the context of the ESA is a formal request made by an employee to the Ministry of Labour for resolution of a dispute regarding their employment rights. It is a key action for employees who believe their rights have been violated. The script advises that 'If you believe that you have not received your entitlements under the ESA, you can file a claim,' and provides information on how to do so.

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.