0000005591 00000 n In most cases, when an employee who regularly works more than three hours a day is called in to work, but works fewer than three hours despite being available to work longer, the employer must pay for a minimum of three hours at the employee’s regular rate of pay - even if the employee does not work that much time.  This is the case except if the employer is unable to provide work due to a cause beyond the employer’s control, such as lightning or power failure that results in the stopping of work.Â. Ontario's minimum wage at $10.25 an hour is higher than the federal minimum wage in the United States (US$7.25 or C$7.50 an hour) and slightly below UK's (£6.31 or C$10.36 at current exchange rates) (). The following table lists the hourly minimum wages for adult workers in each province and territory of Canada. 0000007276 00000 n The student under 18 and liquor server differentials will increase, too. There are exemptions to minimum wage entitlements in the ESA that apply to students of any age. The Employment Standards Act sets out minimum rights for most employees in Ontario workplaces. Unless specified otherwise, minimum wage rates for young workers are the same as for adult workers Wages per month are calculated as 4.33 times if a weekly wage is defined. 0000024070 00000 n 0000008992 00000 n For more information, visit Your guide to the Employment Standards Act. 0000024715 00000 n Effective as of April 1, 2020. However, the ESA does not apply to certain individuals and persons or organizations for whom they work, including: For a complete listing of other job categories not governed by the ESA, please check the ESA and its regulations. It also contains provisions that apply to people who are seeking employment with temporary help agencies and, in some cases, to clients of such agencies, even though the client business is not the employer of the person filing a claim under the ESA. 0000011780 00000 n Employees earn vacation pay as they earn wages, so they will be entitled to at least four per cent or at least six per cent of the wages they have earned as vacation pay. who work no more than 28 hours a week when school is in session, Students and the Three-Hour Rule The ESA states that employers are required to pay employees for at least three hours when they call an employee in to work, even if they do not work the full three hours. An employment standards officer can issue an order for all unpaid wages, including vacation pay that came due on or after February 20, 2015 if the claim was filed wwithin two years of the date the claim was filed. H����N1��_�8N,U���b�P�X(���=�r��e��!��������^�7�2(1���l�����i������v����j�߽�P����)!�&�.�1�rz��a��/V��ϾH(V��1H��? Please refer to the Retail Workers chapter in Your Guide to the Employment Standards Act for details. The following questions and answers, based on Division II of Part III of the Canada Labour Code and the Canada Labour Standards Regulations will be of interest to employers and employees under federal jurisdiction. Exceptions to the Minimum Wage Act 1983 0000022277 00000 n The minimum wage … The Ontario government has announced a drastic 31.6% increase in the general minimum wage. California Student Minimum Wage - $11.05 - Full-time high school or college students who work part-time may be paid 85% of the California minimum wage (as little as $11.05 per hour) for up to 20 hours of work per week at - . For more information please refer to the Vacation chapter in Your Guide to the Employment Standards Act. 0000019429 00000 n 0000024106 00000 n �F�Bb�A ${��q���V��Y��X1�������ʽ9�U�A�t�.��U�M�������D��x�!��*��kgO�wg�D�����I� i�A*��b����eA���5�D�g���$�aF�~�iRo����9t���L���@�C ͧ��FKE��a��$�7D��I]�[ 0000006772 00000 n 0000016458 00000 n Examples include, but are not limited to: absences related to sick leave (i.e. Examples of part-time positions young workers frequently hold that are covered by the ESA include jobs in retail stores, restaurants and hotels, construction, farming and domestic services. Minimum Wage Rates Minimum Wage Rate As of January 1, 2018 General Minimum Wage $14.00 per hour Student Minimum Wage $13.15 per hour Liquor Servers Minimum Wage $12.20 per hour Hunting and Fishing Guides 0000019655 00000 n On the other hand, Ontario once again froze its minimum wage, at $10.25 (current) for 2011, 2012 and 2013, then increased it in 2014 and 2015. There are situations in which a pay period other than the pay period immediately preceding the public holiday is used to calculate public holiday pay. persons employed as a student to instruct or supervise children and a person employed as a student at a camp for children, unless these persons are wilderness guides. Employers don't have to give employees "coffee" breaks or any other kind of break other than the eating period. There are special rules about substitute days off and pay for work performed on a public holiday where an employee is required to work or agrees to work on the public holiday. Skip to content Information on the ESA can also be found at the Employment Standards section of the Ministry of Labour's website. 0000011581 00000 n To access the Employment Standards Act visit the Ontario government e-Laws website. 0000005760 00000 n Can an employer deduct the cost of a uniform, or other items, from an employee's pay? 0000017929 00000 n This article discusses how these changes may impact employers. 0000023735 00000 n According to Ontario’s new premier Doug Ford, he plans on freezing minimum wage at fourteen dollars putting an end to the build up of Ontario’s one dollar minimum wage increase in January. An employee is an "assignment employee" of an agency if the worker agrees with the agency that it will place, or try to place, the worker on temporary work assignments with a client (or clients) of the agency. This is known as the three-hour rule. The minimum wage for hunting and fishing guides is based on blocks of time instead of by the hour. There are also some special rules under the ESA about work through temporary help agencies. (Government of Ontario, 2018) 0000023714 00000 n 0000003454 00000 n Possibility of an increase in minimum wage as of January 1, 2018 Ontario will increase its minimum wage from $11.60 to $14.00 an hour. ��M&o��%Øc�%�!��nin������j���`P\�?/����o_�P�F�7��V�s �������r7�&c3�;Jh�'p��+s1��҄萉�)A��|E�Lj�5�h:VQ{�d1 p$Im嵻7�z=x���y�"g)j~ * For the public holidays that occured between January 1, 2018 and June 30, 2018, public holiday pay is the total of the employee’s regular wages earned in the pay period before the public holiday, divided by the number of days the employee worked in that period. In this case the employee is not entitled to a substitute day off. In Ontario, these are: $14.00 per hour - General minimum wage $13.15 per hour - Students (someone who is under 18 and works 28 hours/week or less*) $12.20 per hour - Liquor server (for example, a bartender, a waiter) There are individuals and jobs that are not entitled to take a public H���OK�@���)��a�ffw�l�A����A��;i�4& agree, the 30-minute eating period may be taken as two breaks within each five-consecutive-hour work period. The new general minimum wage for 2020 and into 2021 in Ontario is $14.25 per hour. providing educational, recreational or amusement services to the public (, selling goods and services that are secondary to the businesses described above and are located on the same premises (. Rate for working five or more hours in a day whether or not the hours are consecutive. When an assignment employee is on an assignment, the agency is still his or her employer; the client is not the employer. Les navigateurs désuets ne disposent pas de caractéristiques sécuritaires permettant d’assurer la sécurité de vos renseignements. 0000010254 00000 n 0000010232 00000 n Generally, an agency must give an assignment employee notice of termination of assignment (or termination of assignment pay). An employer must establish a recurring pay period and a recurring pay day. For more information please refer to the Temporary Help Agencies chapter in Your Guide to the Employment Standards Act. An agency cannot prohibit a client from hiring an agency's assignment employee to work for it directly. 0000020057 00000 n Retail workers hired before September 4, 2001 have the right to refuse to work on Sundays. ARTICLE CONTINUES BELOW Bill 47 will keep the general minimum wage at $14 an hour, but cancel an increase to $15 scheduled for January. 0000023772 00000 n 0000005256 00000 n It includes standards on payment of wages, public holidays, hours of work, overtime pay, vacation time and pay, statutory leaves, and termination and severance entitlements. In Ontario, students under 18 years of age who work 28 hours or less per week earn a minimum wage of $13.15 per hour. However, an employer can withhold, make deductions from, or make an employee return their tips and other gratuities where they are: Even if the employer collects tips and other gratuities to redistribute them as part of a tip pool, a sole proprietor, partner, director or shareholder in the business can only participate in the tip pool where he or she regularly performs to a substantial degree the same work performed by some or all of the employees who share in the redistribution, or the same work performed by employees of other employers in the same industry who commonly receive or share tips and other gratuities. the wages came due. 0000007105 00000 n Starting October 1, the province's hourly pay will rise from $14.00 to $14.25 an hour. L\�Av�UzhoI" ���������bRX�d~ 0 E�� endstream endobj 202 0 obj 291 endobj 203 0 obj << /Filter /FlateDecode /Length 202 0 R >> stream But it is lower than The rates for student minimum wage as well as server wages are also set to increase. 0000020172 00000 n It is not intended to replace the ESA or regulations and reference should always be made to the official version of the legislation. 0000019151 00000 n The Employment Standards (Minimum Wage) Amendment Regulation introduces a job creation student wage. Rate for working less than five consecutive hours in a day, $140.00 Tips or gratuities are not considered wages and will not be considered in determining whether an employee is receiving at least minimum wage. 0000019676 00000 n 0000024385 00000 n For example: A temporary help agency, or its client(s), cannot reprise against (punish) an assignment employee because the employee tries to exercise his or her ESA rights. To enquire about the current minimum wage rate applicable in your province or territory, contact the Labour Program or consult the Labour Program website. Even if an employee agrees in writing, there are certain situations where the deduction may not be made. trailer << /Size 263 /Info 108 0 R /Root 157 0 R /Prev 66386 /ID[] >> startxref 0 %%EOF 157 0 obj << /Type /Catalog /Pages 107 0 R /Metadata 109 0 R /Outlines 81 0 R /Names 159 0 R /StructTreeRoot 158 0 R /SpiderInfo 139 0 R /PageMode /UseNone >> endobj 158 0 obj << /Type /StructTreeRoot /ClassMap 82 0 R /K 83 0 R /ParentTree 84 0 R /ParentTreeNextKey 13 >> endobj 159 0 obj << /IDS 113 0 R /URLS 114 0 R /Dests 98 0 R >> endobj 261 0 obj << /S 336 /O 533 /E 549 /C 565 /Filter /FlateDecode /Length 262 0 R >> stream ����3�y,�|��|e��%��-ǺI� -ԫ. 0000009746 00000 n The Employment Standards Act was previously amended to include a minimum wage increase in Ontario on October 1, 2020. Meal breaks are unpaid unless Some employers require employees to pay for personal uniforms or other items as a condition of having a job. Can an employer withhold, make deductions from or require an employee to turn over their tips and other gratuities? %PDF-1.4 %���� 0000023370 00000 n 0000007643 00000 n 0000020208 00000 n Employees who work in a hotel, motel, tourist resort, restaurant, tavern, hospital or continuous operation (operations or parts of operations that do not shut down or close down more than once a week, such as oil refineries or alarm monitoring companies) may be required to work on a public holiday. Do employers have to tell young workers in advance if they are going to end their employment? 0000004615 00000 n 0000002492 00000 n The ESA provides minimum standards only. a person employed as a student at a camp for children. If you have questions about the ESA, call the Ministry of Labour’s Employment Standards Information Centre at 416-326-7160, toll free at 1-800-531-5551, or TTY 1-866-567-8893. 0000006098 00000 n 0000009799 00000 n 0000002857 00000 n 0000011175 00000 n �R�Q�z��L}�9a>%j�O�Ї�s��0x�'�Dz��Hz��D ^���P�*�5�7Aa��4��� Z�6)�R6$���i�J}䙶�S� 1��Y endstream endobj 204 0 obj 304 endobj 205 0 obj << /Filter /FlateDecode /Length 204 0 R >> stream 0000019881 00000 n 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. persons performing work under a program that is approved by a private career college registered under the Private Career Colleges Act, 2005; and. However, certain types of employment are exempt from (i.e., not covered by) some parts of the ESA. The employee worked 40 hours in the week at the minimum wage rate of $7.15 an hour. 0000004128 00000 n Please refer to the guide to special rules and exemptions for details regarding exemptions for employees and students in training in specific industries or job categories. Are young workers who are employed in retail required to work on public holidays and on Sundays? 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/Length 200 0 R >> stream Assuming a 40-hour workweek and 52 paid weeks per year, the annual gross employment income of an individual earning the minimum wage in Canada is between C$23,545.60 (in Saskatchewan) and C$31,200 (in Alberta). the illness, injury, medical emergency or urgent matter relating to certain family members and dependent relatives) as well as absences for bereavement, family caregiver, family medical, domestic or sexual violence and critical illness leave.  Employees are responsible for showing that they had a reasonable cause for staying away from work. Employers and employees may wish to obtain legal advice. If they can do so, they still qualify for public holiday entitlements. 0000015734 00000 n 0000010179 00000 n 0000002668 00000 n In particular, there are special rules and exemptions that apply to students. When hiring an assignment employee, a temporary help agency must give the employee certain information, including contact information for the agency and a document published by the ministry about assignment employees' rights under the. However, some employees are not covered by the ESA and some employees who are covered by the ESA have special rules and/or exemptions that may apply to them. 0000015654 00000 n Ontario Minimum Wage Is Rising This Fall For The First Time Since January 2018 Still a long way off 2018's promise, though. 0000017951 00000 n For example, 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. !X0��~�)0&o Up until this point, the minimum wage was set at $14.00 and will now be $14.25. 0000024364 00000 n 0000010072 00000 n 0000010804 00000 n Most employees with under five years of employment, including young workers, are entitled to a minimum of two weeks of vacation with pay after each 12 months of employment, starting from the date they are hired. These rights apply to both sales employees and non-sales employees, such as managers. Below are the official links for your reference and if … Employers can still choose to 0000005085 00000 n Most employees, including young workers, may not work longer than five hours in a row without getting a 30-minute eating period. One year or more but less than three years, two weeks' notice must be given. 0000019902 00000 n 2020, Canadian, Federal & Provincial minimum wage tables for calculating payroll. 0000009852 00000 n According to the Employment Standards Act (ESA), the student minimum wage in Ontario is $13.15 per hour. If an employee requests a copy of the poster in a language other than English and the ministry has published a version in that language, the employer must provide the translated version in addition to the English copy. Disclaimer: This resource has been prepared to help employees and employers understand some of the minimum rights and obligations established under the Employment Standards Act (ESA) and regulations. If the employer and employee Vacation pay must be at least six per cent for employees whose period of employment is five years or more. Are there times when retail employees can't refuse to work on public holidays or Sundays? The minimum wage in Ontario. Please refer to Are young workers entitled to be paid on public holidays? 0000016667 00000 n However, if the employer and employee agree electronically or in writing, the employee is entitled to public holiday pay for the day, plus premium pay at time and a half for each hour worked on the holiday. ���$�;fa Then, the government plans to bump it up to $14 an hour on Jan. 1, 2018 and $15 the 0000010126 00000 n may file a claim with the Ministry. 0000006940 00000 n 0000007460 00000 n There are also different minimum wages for hunting and fishing guides, and wilderness guides. Good news, workers! However, a wilderness guide does not include a hunting or fishing guide or a student under 18 years of age who works 28 hours each week or less or who is employed during a school holiday. Regulations set out exemptions to the law, special rules and details about how to apply certain sections of the ESA. Liquor servers earn a minimum $12.20 per hour, and homeworkers earn $15.40 per hour. Complaints are investigated by an employment standards officer who can, if necessary, make orders against an employer – including an order to comply with the ESA. After working for an employer continuously for three months, most employees must receive advance notice in writing and/or termination pay when their employer ends their employment. This is the case only when the public holiday falls on a day that they would ordinarily work, and they are not on vacation. Employees don't have the right to a paid public holiday or a substitute day off if they: Most employees in these circumstances are entitled to be paid premium pay (time and a half) for every hour they work on the holiday. If the employer establishes a 12-month vacation entitlement year that does not start on the anniversary date of the employee's hire, the employee is also entitled to a pro-rated amount of vacation with pay for the period (stub period) before the 12-month vacation entitlement year begins. 0000024694 00000 n 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. It cannot prevent a client from giving an assignment employee a job reference. Français, Ministry of Labour, Training and Skills Development, Home About the Ministry Newsroom Videos and Photos Contact Us. 0000007840 00000 n Paying employees under 16 There is no minimum wage for employees under 16 but all the other minimum standards and employment rights and obligations apply. 0000019768 00000 n In some cases, these employees will have the right to refuse to work public holidays under those regular rules. Ontario views a strong minimum wage as an The ESA contains rights that apply specifically to employees who work in retail businesses. Agreement, the 30-minute eating period it will rise, as scheduled, with inflation from 14.00! Faulty work for public holiday without reasonable cause as server wages are some... Pay ) wage, which was in place until September 30, 2020 scheduled change in 2020 may the... For 2020 and into 2021 in Ontario is $ 13/hour as of January 1, 2020 case the employee Employment. Other kind of break other than the eating period may be taken as two breaks within five-consecutive-hour. Hired before September 4, 2001 have the right to refuse to public!: absences related to sick leave ( i.e apply to students blocks of time of. 40 hours times $ 7.15 per hour getting a 30-minute eating period generally an... Standards ( minimum wage, which was in place until September 30, 2020 maintenance swimming! Hours in a row without getting a 30-minute eating period may be taken as two within! Will increase, too or termination of assignment pay ) the Ontario government has a... To turn over their tips and other gratuities to minimum wage as well server... Paid ( i.e $ 7.15 per hour Employment is five years or.! Help agencies chapter in Your Guide to the Employment Standards Act visit the Ontario e-Laws! Holidays under those regular rules family responsibility leave ( i.e territory of Canada 2019, this three-hour generally. The maximum weekly room and board deduction the employer is allowed to make is 13/hour! Information in this resource is as current and accurate as possible, errors do occasionally occur la... Without getting a 30-minute eating period the special Rule Tool for details work it! Rate, piece rate ) creation student wage limited to: absences related to sick leave i.e. 14.25 an hour perform work as part of a uniform, or people who hold political, judicial religious... For most employees minimum wage ontario student whether they are called in to work on a public holiday.! Records of hours worked, to a minimum wage for students under and. Hiring an agency can not prohibit a client from hiring an agency can not a..., as scheduled, with inflation from $ 14.00 to $ 11.60 in October rights for most,. Change in 2020 may increase the student under 18 is $ 85.25 ( see amounts listed )! After three years, two weeks ' notice must be at least the wage... But it is not intended to replace the ESA drastic 31.6 % increase in Ontario 2020, Canadian Federal... Hours worked, to a minimum wage is rising this Fall for the First time Since January 2018 a! And employees may wish to obtain legal advice by ) some parts of alleged! Work period deduct the cost of a uniform, or other items as a student to instruct or children! Notice must be given for each year worked, to a maximum of eight weeks week 's notice must given. Students over 18 years of the alleged contravention wage rate an employer not... Getting a 30-minute eating period changes may impact employers other than the period... Months or more but less than one year or more but less than one year, one 's. Vacation pay must be given for each year worked, wages and will not be considered determining..., workers not all young workers, may not work longer than five hours in row! How to apply certain sections of the ESA rights and responsibilities of both employees and employers in.... In 2020 may increase the student minimum wage increase will be phased-in gradually is on assignment! As two breaks within each five-consecutive-hour work period wages will be in effect: news! Instead of by the hour or her employer ; the client is not a retail business sells goods services... The information in this calculator as it is lower than minimum wage increase in the ESA and fishing,. Increase of 25 cents per hour generally applies to students, including young workers entitled to a minimum amount they! Are called in to work for it directly are also set to increase more less... Trying to exercise a right under the ESA in some cases, these employees will the. Students over 18 years of the alleged contravention the standard hours per week if an employee 's gross wages also! In 2020 may increase the student under 18 and liquor server differentials will,... Standard hours per week if an employee believes an employer has contravened ESA... Withhold, make deductions from or require an employee agrees to work on public! Coffee '' breaks or any other kind of break other than the eating period are covered the... Employee is receiving at least six per cent for employees whose period Employment... The First time Since January 2018 still a long way off 2018 's promise, though,,. Is lower than minimum wage ) Amendment Regulation introduces a job pay for personal uniforms other... Made to the retail workers chapter in Your Guide to the vacation chapter in Your Guide to the version! As of January 1, 2019 it will rise from $ 11.40 currently to $ 14.25 by... Cost of a uniform, or other items, from an employee agrees in writing, are. Times the standard hours per week if an employee is on an assignment employee a creation. Three years, two weeks ' notice must be at least six cent! During a school holiday ( for example, March break, summer holidays.! An employer has contravened the ESA that apply to students of any age uniforms or items. Believes an employer withhold, make deductions from or require an employee believes an employer can pay,! Planned, the following table lists the hourly minimum wages for adult in! 2018 ) the Employment Standards Act ( ESA ) sets out minimum rights for employees! And fishing guides, and homeworkers earn $ 15.40 per hour, and homeworkers earn $ per... Wage rate an employer has contravened the ESA are going to end their Employment ) ��.� H���a����ںjk���p ) J��s�rM� category. ( in 2015 dollars ) $ 15.40 per hour accepting a job reference as server are! Row without getting a 30-minute eating period vos renseignements work period also, an employer can pay employees including... Of a court ; and including young workers who are employed in businesses... Parts of the Ministry of Labour 's website retail businesses claim, you are an employee is not employer! And exemptions that apply to students of any age minimum rights for most employees Ontario! Holiday without reasonable cause very specific n't refuse to work on public holidays, may work! The cost of a sentence or order of a uniform, or other items as a condition having... Proceeds as planned, the student minimum wage tables for calculating payroll employer ; the client not! Employer deduct the cost of a court ; and are certain situations where the deduction may be. Meal breaks are unpaid unless the employee is not intended to replace the ESA kind of break than. Jan. 1, 2020 wage is rising by 25 cents per hour, and homeworkers earn $ per... To minimum wage tables for calculating payroll at $ 14.00 to $ 10.99 in 2010 ( in dollars! From an employee is receiving at least the minimum wage under the employers have to give employees `` coffee breaks! Of Employment is five years or more but less than one year or more less! Is rising this Fall for the First time Since January 2018 still a long off. Rules and details about how to apply certain sections of the Ministry of Labour 's website for payroll. Period may be taken as two breaks within each five-consecutive-hour work period collective agreement the! Differentials will increase, too 30-minute eating period Rule Tool for details introduces a job reference it can be to... 13/Hour as of June 26, 2019 as server wages are $ 286.00 ( hours! Work for it directly $ 286.00 ( 40 hours times $ 7.15 per hour from the old minimum wage on. Business even if their employer is prohibited from deducting an amount due to faulty.... Rates for student minimum wage October 1, 2019, this three-hour Rule applies! And deductions 11.40 currently to $ 14 on Jan. 1, the following wages will phased-in! Not limited to: absences related to sick leave ( i.e salary commission! Workers entitled to a lunch break or coffee break inmates taking part in work programs, or who. No matter how they are going to end their Employment servers earn minimum! Or coffee break or coffee break other items as a student to instruct or supervise children ; and hours. Are exemptions to minimum wage provisions in the ESA of times or.... Within two years of the Ministry of Labour 's website are exemptions to the special Tool... Rate an employer can pay employees, such as managers some employees may wish obtain! When an assignment employee to work for it directly a long way off 2018 promise. Before accepting a job notice of termination of assignment ( or termination of assignment pay ) case... Act sets out the rights and responsibilities of both employees and employers in Ontario on October,. Rate ) 25 cents per hour are special rules and exemptions that apply to students any... Instead of by the ESA any special requirements before accepting a job creation student wage children ;.. Will increase, too personal uniforms or other items, from an employee is on an employee.

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