Kepreye Otrofanowei; Employment Consultant with Build ON
When you are moving to a new country, there are several concerns you may have especially when it comes to employment. Navigating the laws set out to protect workers can often times be complex. This blog post is going to serve as an introductory guide for newcomers to know what rights they have in the work place. We will explain some of the rights employees are entitled to in this blog post. However it should not be mistaken for legal advice or a replacement for the Ontario Employment Standards Act (ESA).
In Ontario, there are basic rights guaranteed to employees and job seekers and these rights are set out by the Ontario Employment Standards Act (ESA). The ESA provides the minimum standard for employment however some employers may have higher standards. The ESA sets out the guidelines for how employers can treat their workers fairly and it contains regulations pertaining to an employee’s right:
- to be treated fairly at work
- to work in a safe and healthy workplace
- to be trained to deal with workplace hazards, and
- to join a trade union
To this effect, here are some of the rights/employment standards employees have in Ontario;
Minimum Wage
Most employees are entitled to be paid at least the minimum wage and you can find the most current rate on Ontario.ca
Regular payments of wages and wage statements
As an employee in Canada, you must be paid on a regular pay schedule and receive a statement of wages
Vacation with Pay
The ESA gives most people the right to earn 2-3 weeks of vacation in a year after working 12 months for the same employer. Employees must be paid at least four per cent of the total wages they earned as vacation pay
Public holidays and public holiday pay
There are a number of public holidays in Ontario every year and most employees are entitled to take these days off and be paid public holiday pay. To learn more visit Ontario.ca
Limit on hours of work and eating periods
As a general rule, you cannot be required to work more than 8 hours a day and no more than 48 hours in a week. Most employees are entitled to at least 11 consecutive hours off work each day and 24 consecutive hours off each week or 48 consecutive hours off in every 2-week period. You can however work more hours if you agree to do so in writing and certain conditions are met. You cannot work more than 5 consecutive hours without a 30-minute eating period.
Overtime Pay
For most jobs overtime pay usually starts after 44hrs of work in a week. The overtime rate must be at least 1½ times that of your regular rate of pay. You can learn more about this visit Ontario.ca
Leaves of Absences
If you are eligible, you are entitled to a job protected leave of absence (for reasons such as pregnancy, parental, family caregiver, sick, family responsibility, and bereavement leave). To learn more about this visit Ontario.ca
Termination notice and /or pay instead of notice (if employed for at least three months)
If you have been employed for at least three months, you have a right to receive notice if your employer decides to end your employment relationship. You may get notice while you are working, pay instead of working notice, or a combination of both. To find out more, visit Ontario’s Ministry of Labour website
In conclusion, there are several rights set out to protect workers in Ontario and for additional clarity you can visit the Employment Standards Act (ESA), the Pay Equity Act (PEA), the Occupational Health and Safety Act (OHSA) and the Labour Relations Act (LRA). You can also ask your employer about your rights or exercise your rights as it pertains to the ESA without the risk of punishment. Register with Build ON for information on effective job search strategies to help you secure your first Canadian job. To know more about your rights as a newcomer to Canada, check out our event page for a webinar on this topic.