What You Should Know About the Ontario Employment Standards Act
The Employment Standards Act, 2000, known as the ESA, is a law that sets minimum standards for workplaces in Ontario. If you work in Ontario, you are probably protected by the ESA. It does not cover employees in federal jurisdiction and persons in a few other special categories. There are exceptions and special rules for some employees and not all employees qualify for all ESA rules.
Employers
cannot intimidate,
fire, suspend, or otherwise punish an employee, or threaten any of these actions because the employee asks for or asks about their ESA rights. If an employee thinks that an employer is not following the ESA law, he or she can contact the Ministry of Labour for help.
Your Rights and Responsibilities at Work:
- Hours of Work--Generally, employees cannot be forced to work more than daily limit: 8 hours a day or the number of hours in a regular work day
- Weekly Limit: 48 hours a week. Employees may work more than 48 hours in a week if requirements for obtaining their written agreement are met and the employer has an approval from the Director of Employment Standards.
- 11 consecutive hours off work each day
- 24 consecutive hours off work each week or 48 consecutive hours off work in every 2-week period.
- Most employees must be paid overtime pay after 44 hours of work each week. The overtime rate must be at least 1½ times the regular rate of pay.
- Most employees are entitled to be paid at least the minimum wage | Browse here for Minimum wage rates = http://www.labour.gov.on.ca/english/es/pubs/guide/minwage.php
- Most employees earn at least 2 weeks of vacation time after every 12 months. Employees are entitled to be paid at least 4 per cent of their total wages earned as vacation pay.
- 10 days each calendar year of personal emergency leave for personal illness, injury or medical emergency, or for the death, illness, injury, medical emergency of or urgent matter concerning certain family members
- Ontario has 9 public holidays every year (New Year's Day, Family Day, Good Friday, Victoria Day, Canada Day, Labour Day, Thanksgiving Day, Christmas Day, December 26). Most employees take these days off work, with public holiday pay.
- 17 weeks of pregnancy leave
- Generally, if an employee has been working for 3 months or more and his or her job is terminated, the employer must give the employee advance written notice, or termination pay instead of notice, or a combination of both.
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ESA = http://www.labour.gov.on.ca/english/es/index.php