[TITLE : The Employment Standards Act: Know Your Rights]
[TITLE: Employment Standards Act (ESA)]
CAMILLE CENDANA >> 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.
CAMILLE CENDANA >> 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.
[TITLE: Ontario.ca/ESAposter]
CAMILLE CENDANA >> Did you know your employer is required to display this poster?
It briefly describes some of the Employment Standards in Ontario. Employers are also required to give a copy of the poster to each employee. The poster is available for free online at Ontario.ca/ESAposter - in English and many other languages.
[TITLE: Special Rules and Exemptions]
[TITLE: Ontario.ca/ESAtools]
CAMILLE CENDANA >> Keep in mind that special rules and exemptions apply to certain employees. To see if you are covered by the ESA, or if your job is subject to special rules or exemptions, try the Special Rule Tool available on our website.
ITLE: Hours of Work, Eating Periods and Overtime]
[Two employees in a locker room.]
EMPLOYEE 1 >> The boss is making me work 10 hours again today. Can she do that whenever she wants?
EMPLOYEE 1 >> I don’t know. She does that to me all the time too.
[TITLE: Daily and Weekly Limits to Hours of Work]
[TITLE: For Most Jobs the Daily Limit is 8 Hours]
CAMILLE CENDANA >> 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 is longer than 8 hours. The daily maximum can only be exceeded if you agree in writing.
CAMILLE CENDANA >> 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 your employer must get approval from the Ministry of Labour’s Director of Employment Standards.
[TITLE: Overtime After 44 Hours of Work in a Work Week]
[TITLE: Overtime Rate is at Least 1.5x the Regular Rate]
CAMILLE CENDANA >> 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.
[TITLE: Eating Periods]
CAMILLE CENDANA >> 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.
[TITLE: Overtime, Eating Periods, Hours of Work]
[TITLE: Ontario.ca/hoursofwork]
CAMILLE CENDANA >> You can learn more about overtime, eating periods and the daily and weekly limits at Ontario.ca/hoursofwork.
[TITLE: Minimum Wage]
[Job applicant enters an employer’s office]
EMPLOYER >> Well, you got the job, but times are tough so I can only give you $10.00 an hour.
EMPLOYEE >> That’s not even minimum wage.
CAMILLE CENDANA >> 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/ minimum wage.
[TITLE: Payday]
[A construction worker speaks to camera]
EMPLOYEE >> So, I haven’t been paid in three weeks. My rent is coming up due. When am I going to get paid next?
CAMILLE CENDANA >> 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.
[TITLE: Graphic of Illegal Deductions from Wages 1st video frame]
CAMILLE CENDANA >> 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.
[TITLE: Vacation Time & Pay]
[Two employees meet in a mail room.]
EMPLOYEE 1 >> Hey Karen, how are you?
EMPLOYEE 2 >> Hi Camille, how long do you have to work here to get a vacation?
EMPLOYEE 1 >> I think it’s about a year.
CAMILLE CENDANA >> Generally, employees are entitled to two weeks of vacation time after every 12-month period of work. Employees are also entitled to receive vacation pay - which is at least 4% of gross wages earned in the vacation entitlement year. In most cases, the vacation pay earned must be paid to an employee in a lump sum before he or she takes vacation time. But if you and your employer agree in writing, vacation pay can be paid on each pay cheque or at any other time.
[TITLE: To Learn More About Vacation Time and Pay: Ontario.ca/vacation]
CAMILLE CENDANA >> 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.
[TITLE: Public Holidays
[Two employees are stacking boxes.]
EMPLOYEE 1 >> Working this holiday, it’s so busy today.
EMPLOYEE 2 >> At least we get paid extra.
EMPLOYEE 1 >> Yeah.
[TITLE: New Year's Day, Family Day, Good Friday, Victoria Day, Canada Day, Labour Day, Thanksgiving Day, Christmas Day, Boxing Day]
CAMILLE CENDANA >> 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.
[TITLE: Leaves of Absence]
[Two health club employees are talking in a reception area.]
EMPLOYEE 1 >> I’ve only worked here for 6 months; do you know if I can take a leave?
EMPLOYEE 2 >> I don’t know, that’s a really good question.
CAMILLE CENDANA >> 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, such as pregnancy, parental, personal emergency, family caregiver or family medical leave. 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.
[TITLE: Termination Notice and Pay]
[An employee enters the boss’ office.]
EMPLOYEE >> Hello, you asked to see me?
EMPLOYER >> 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.
CAMILLE CENDANA >> 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 are only eligible if you have 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.
[TITLE: Reprisals]
[Two employees meet at an elevator.]
EMPLOYEE 1 >> Hey Chris, I heard you were going to ask the boss to start paying you overtime pay, I wouldn’t do that if I were you.
EMPLOYEE 2 >> Why not?
EMPLOYEE 1>> The last guy who asked about getting his overtime pay was fired.
EMPLOYEE 2 >> Really? Thanks
EMPLOYEE 1 >> No problem
CAMILLE CENDANA >> 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.
[TITLE: Filing an Employment Standards Claim]
[Two employees meet in a customer service area.]
EMPLOYEE 1 >> Hi Sue, so my last day is on Friday, I wonder when I’m supposed to get my last paycheque?
CAMILLE CENDANA >> 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/ ESA forms.
Unionized employees should talk to their union representative for help with their issue.
[TITLE: Other ESA Rights]
CAMILLE CENDANA >> 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/ employment standards — or call our Information Centre: 1-800-531-5551.
Information is available in English, French and many other languages.
[TITLE: Government of Ontario logo]