In Ontario, What Are an Employee’s Basic Rights at Work?

In Ontario, employment is governed by a variety of different laws. As a result, employment law is highly specialized, complex and consistently changing. However, there are specific legal rights that employees in Ontario workplaces are entitled to, including minimum employment standards, human rights and workplace health and safety. The following provides a general overview:

Employment Standards Act, 2000

The law governing most employees is the Employment Standards Act, 2000 (“ESA“), which creates basic (non-negotiable) Ontario employee rights that employers must follow. Among the many topics it covers, the ESA provides minimum rules regarding the following workplace rights:

Wages/Salary: employees are entitled to a regular payday and an accompanying wage statement (“pay stub”) that is clear. Most employees are entitled to be paid at least the regular minimum wage.
Overtime: employees must be paid at least 1.5 times their regular rate of pay after 44 hours of work per week.
Termination of Employment: in most cases, after working continuously for at least 3 months, employees must receive prior notice in writing and/or termination pay if the employer ends their job.
Public Holiday Pay: employees have the right to take off all public holidays from work every year, and be paid public holiday pay.
Vacation Time/Vacation Pay: employees are entitled to at least 2 weeks of vacation and 4 per cent of your total wages each year. Any vacation pay not already paid must be paid when their employment ends.
Deductions from Wages: employers cannot make any deductions from an employee’s wages, except: (a) statutory deductions (e.g., income tax, EI, CPP), court-ordered deductions and deductions authorized by the employee, in writing.
Leaves of Absence: most employees are entitled to specific leaves of absence from work (some paid), including pregnancy leave, parental leave, and personal emergency leave (including sick days). However, as the name suggests, these are only “minimum” employment standards. As an employee, you may be entitled to more under your employment contract.

Common Law Reasonable Notice

If an employee has not signed a valid employment contract that limits their severance pay to the basic minimums under the ESA (see above), they are generally entitled to much greater severance under common law (“judge-made” law). In Ontario, employees without an enforceable termination clause in a signed contract are entitled to “reasonable notice” of termination (or pay in lieu), which is generally about 1 month’s pay for each year of service. The specific amount will vary based on each person’s employment history, but is usually much more than the ESA minimums. If your employment is terminated without cause, it is important to consult with an employment lawyer to review your case and discuss your options.

Ontario Human Rights

In Ontario, the Human Rights Code says that all employees have the right to be treated fairly at work, regardless of their age, disability, colour, ethnic origin, sex, religion or other protected ground. This right to “equal treatment with respect to employment” includes every aspect of the workplace environment and employment relationship, including job applications, recruitment, training, transfers, promotions, apprenticeship terms, dismissals and layoffs. It also includes compensation, overtime, hours of work, holidays, benefits, discipline and performance evaluations. If you believe you have suffered discrimination at work, it is important to speak with a human rights lawyer to discuss your situation and options.

Workplace Health and Safety

Under Ontario’s Occupational Health and Safety Act, employees have the right to work in a safe workplace. Under this law, most employees have the right to refuse work that they believe is unsafe; the right to be trained on dealing with workplace hazards; and the right to help identify and resolve workplace health and safety concerns. Further, an employee cannot be disciplined in any way for inquiring about their rights, or refusing unsafe work.

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