1-ESA Overview

EMPLOYMENT STANDARDS ACT

An Overview

The Employment Standards Act of 1990 was replaced by the Emplo

y

ment S

t

andards

Act 2000 (SA) and its regulations came into force on September

4,

2001.

1. What is the purpose of the Employment Standards Act?

a. The ESA sets out the rights and responsibilities of both employees and employers in Ontario workplaces.

2. Which employees and employers are not covered by the ESA?

a. Most employees and employers in Ontario are covered by the ESA. However, the ESA does not apply to certain employees and employers, including:

i. Those sectors under federal jurisdiction, such as airlines, banks, the federal civil service, post offices, radio and television stations and inter-provincial railways

ii. Individuals performing work experience through a school board, college or university

iii. People who do community participation iv. Police officers

v. Inmates taking part in work programs

vi. People who hold political; judicial, religious or trade union offices

3. Does the ESA cover young workers?

a. A: Yes, it does. Young workers have the same rights as other employees in Ontario workplaces under the ESA (although there are different minimum wage rules that apply to "students".

4. What about part-time workers?

a. They too have same rights. Examples of part-time positions that young workers usually hold, include jobs in retail stores, restaurants and hotel, construction, fanning and domestic services.

5.

My new boss tells me that I will be making minimum wage. What is "minimum wage"?

6. But my older brother just started a job and his minimum wage isn't the same as mine!!

Occupation Feb. 05 Feb. 06 Feb. 07 Mar. 09 Mar. 10

General $7.45 $7.75 $8.00 $9.50 $10.25

Students $6.95 $7.25 $7.50 $8.90 $9.60

Liquor Servers $6.50 $6.75 $6.95 $8.25 $8.90

Homeworkers $8.20 $8.63 $8.80 $10.45 $11.28

7. How would I qualify for the student ra

te

?

a. The student minimum wage applies to students under the age of 18 who work 28 hours or less a week during the school term or work during a school holiday.

8. My girlfriend was a camp counsellor. She lo

v

ed it but she didn

'

t make an hourly

wage. Why?

a. There .are also exemptions to minimum wage rates for students of any age. These include a person employed as a student to instruct or supervise children and a person employed as a student at a camp for children.

9. Are young work

e

rs entitled to a lunch break?

a. Most employees, including young workers, may not work longer than five hours in a row without getting a minute eating break. If the employer and employee agree, the 30-minutes may be taken as two breaks within each five-hour work period. Meal breaks are unpaid unless the employee's employment contract requires payment.

10.What about a coffee break?

a. Employers don't ha v e to give employees coffee breaks or any other kind of break other than the eating period.

11. Do young workers get paid a minimum amount when they are called in to work?

12.When are young workers eligible for overtime?

a. The ESA requires employers to pay most employees, including young workers, overtime of at least one and a half times their regular rate of pay for each hour of work over 176 hours over a four week period. If an employee and employer agree in writing, the employee can take one and a half hours or paid time off work for each hour of overtime worked. The paid time off must be taken within three months of the workweek in which the over time was earned or within 12 months of that workweek.

13.

A

re y

o

ung

wo

rk

e

rs

e

n

t

itled to be paid on public holida

y

s?

a. Most employees, including full-time or part-time young workers, are entitled to take

the following; nine public holidays off with holiday pay. i. New Year's Day

ii. Family Day iii. Good Friday iv. Victoria Day

v. Canada Day vi. Labour Day vii. Thanksgiving Day viii. Christmas Day

ix. Boxing Day

b. Employees who work in a hotel, motel, tourist resort, restaurant, tavern, hospital or continuous operation may be required to work on a public holiday. This is the case only when the public holiday falls on a day that they would ordinarily work, and are not on vacation.

14.

Are there any other exceptions?

a. There are individuals and jobs that are not entitled to public holiday pay or overtime pay, including:

i. the installation and maintenance of swimming pools ii. landscape gardener

iii. growing, transportation and laying of sod

iv. person employed as a student to instruct or supervise children v. person employed as a student at a camp for children

b. Employees don't have the right to a paid public holiday or a substitute day off if: i. they fail to work all of their regularly scheduled shift before or after the

public holiday without reasonable cause

15.

What is "reasonable cause"?

a. "Reasonable cause" for missing work includes events beyond your control- illness, injury, medical emergencies, deaths, for example - to prevent you from working.

16.

What if I agree to work on a public holiday?

a. If you agree in writing to work on the holiday, you are entitled to

i. regular wages for the hours worked on the public holiday, plus a substitute day off with public holiday pay or

ii. public holiday pay for the day, plus premium pay at time and a half for each hour worked on the holiday

17. Can my boss deduct the cost of my uniform or any other items from my pay?

a. Some employers require employees to pay for personal uniforms or other items as a condition of having a job. However, deductions from an employee's wages may only be made if the employee agrees in writing to have a specified amount-deducted.

b. An employer is prohibited from deducting an amount due to faulty work

c. An employer cannot make deductions for a cash shortage when more than one individual has access to a cash register - even with a written agreement.

18.

How can I tell if I'm being paid correctly?

a. Employers must keep detailed records of job hours, wages and deductions. They must give all employees a "pay stub" or "pay slip" with each pay that shows the full details of the pay period, including rate of pay, gross and net amount of wages, deductions and the reasons for any deductions. An employer must establish a recurring or regular pay period and a regular pay day.

19.Am I entitled to vacation pay?

a. All employees must get at least two weeks’ vacation after working for an employer for 12 months.

b. They must also get vacation pay of at least four per cent of their gross wages earned in the 12-month period.

c. No minimum period of employment is required to receive vacation pay.

20.When can I take my vacation?

21.Do these laws apply to my buddy who works in retail?

a. Retail workers generally have the right under the ESA to refuse to work on public holidays, even if they do not qualify for public holiday pay.

b. Retail workers generally have the right to refuse to work on Sundays unless part of the written contract. But retail workers for certain employers can't refuse to work public holidays and Sundays. This is the case if the employer's main business is among the following:

i. selling prepared meals (e.g. restaurants, cafeterias, cafes)

ii. renting living accommodations (e.g. hotels, camps, tourist resorts, inns) iii. providing educational, recreational or amusement services to the public (i.e.

museums, art galleries, sport stadiums)

iv. selling goods and services that are secondary to the businesses described above and are located on the same premises (i.e., museum gift shops, souvenir shops in sports stadiums)

22.What if my boss is going to end my employment?

a. A: After working for an employer for three months, most employees must receive advance notice in writing and/or termination pay when their employer ends their employment. The amount of notice depends on how long you have worked for the same employer:

i. three months or more but less than one year, one week's notice must be given ii. 12 months or more but less than three years, two weeks’ notice must be given iii. after three years, one week's notice must be given for each year' worked, to a

maximum of eight weeks

b. An employee is not terminated if he or she is only "temporarily laid off."

23.What must my boss give me if I am fired or quit?

a. Your employer must give you your Record of Employment. You will need this if you apply for employment insurance benefits. Your employer must pay your wages and vacation pay within seven days. Your employer must pay any other money owed to you within 14 days.

24.Can my employer

f

ire me if I get pregnant?

a. NO. Being pregnant is not a legal reason to fire you. If you have worked for your employer for at least 13 weeks, you must get 17 weeks "pregnancy leave" (time off). You have to tell your employer in writing at least two weeks before you leave.

b. The employer does not have to pay you for this time, but you might get some

Canada) office. You can go back after the pregnancy leave. You must get the same wage as before.

25.How can my friend get wages owed by an employer?

a. If an employee is unable to recover wages from an employer, he or she may contact the Ministry of Labour to file a complaint.

b. It is important to file claims promptly because in most cases there is a six-month time limit for the date wages became due for an employee to file a written claim.

c. You have rights!! Your boss can't penalize you for: i. asking your boss to comply with the ESA

ii. asking questions about rights under the ESA iii. filing a complaint under the ESA

iv. exercising or trying to exercise a right under the ESA v. giving information to an employment standards officer

vi. taking, planning on taking, or being eligible or becoming eligible to take an emergency, parental or pregnancy leave

vii. being subject to a garnishment order (i.e., to have a certain amount deducted directly from wages to satisfy a debt)

viii. participating in a proceeding under the ESA or Retail Business Holidays Act

26.What if the employer does not follow the ESA?