CONTENTS |
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| • How to protect yourself • Temporary workers • Important terms to know • Who is covered under the law? |
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STARTING A NEW JOB |
• Signing a contract • Probation • Paying a fee for employment |
WAGES |
• Minimum wage • Cash payments • Employee or self-employed? |
HOURS OF WORK |
• Daily & weekly & overtime • Training & pay • 3 hour minimum |
LEAVES & TIME OFF |
• Vacation & vacation pay • Public holidays • Emergency or sick leave • Compassionate leave (when a family member is dying) • Maternity and parental leave |
TERMINATION. FIRED? QUIT? LAID-OFF? |
• Termination notice & pay • Employment Insurance (EI) • Record of Employment (ROE) |
DISCRIMINATION & HARASSMENT |
• Human rights • Harassment & bullying |
| • WORKERS' ACTION CENTRE resources • JOIN US! BECOME A MEMBER |
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There are many steps to begin protecting and asserting your rights at work. If your rights are violated, be prepared.
You and your co-workers decide what action to take.
Members of the Workers' Action Centre know that the Ministry of Labour is not as strong as it should be. Between 1990 and 2003, $500 million of unpaid wages was never collected by the Ministry of Labour! While your claim is at the Ministry, you can try other ways to get your wages. The Workers' Action Centre is willing to support you.
| ^ Table of Contents ^ | TEMPORARY WORKERS |
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If you are working through a temporary agency, you are covered under the Employment Standards Act like all other workers. Being a temporary worker should not mean less respect, worse employment conditions and different treatment than other workers. However, in many cases this is how it is.
The Workers' Action Centre has been working to improve conditions for temp workers for many years. Temp workers have become involved in our organization to work for change. Throughout this book you will see these words TEMP WORK ALERT which will direct you to special information for temp workers.
Ask for our booklet Working through a temporary agency? What you should know. This booklet was written specifically for temporary workers and is available in English, Tamil, Gujarati, Punjabi, Chinese and Urdu. Or visit our website at www.workersactioncentre.org to print out a copy.
Employment Standards Act (ESA): The laws that cover most non-unionized workers in Ontario. Every province has it's own labour laws.
Ministry of Labour: The Provincial government body that makes and enforces the Employment Standards Act and Occupational Health and Safety Act. Workers can make complaints against their bosses here.
Filing a Claim: To make a complaint against your boss at the Ministry of Labour, you must fill out a claim form.
Human Resources Skills Development Canada (HRSDC): The Federal government body that pays out Employment Insurance and other benefits like Maternity Leave.
Employment Insurance (EI): You contribute a percentage of your wages into this Federal government fund. Your boss also makes a contribution. You may be able to receive benefits while you are unemployed or on parental or sick leave (see page 20).
Record of Employment (ROE): A document that every employer must give you when you leave your job. It allows you to apply for Employment Insurance. It records all hours and details of your employment at that workplace.
Workplace Safety & Insurance Board (WSIB): Sometimes called “Workers Compensation”. If you get hurt at work, you can apply for benefits while you are not at work. This is the boss' insurance for when workers are injured on the job. Call 416-344-1011 for details.
Canada Pension Plan (CPP): You and your boss contribute to this Federal Government Fund. If you are eligible, you can receive a pension when you retire or are disabled or a spouse dies. Call 1-800-277-9914 for details.
Job Scam: This means a “fake” job or agency that asks you to pay them to find you work. It's a scam or lie because they don't do what they promise. If you do get work, fees should not be deducted from your wages.
Temporary Agency: An organization that finds you work “assignments” at different workplaces. The Temp Agency is your employer. Temp agencies take part of your pay from the company as a fee for providing workers for companies.
Some workers, like farm workers, Information Technology workers, domestic workers and people working in 24-hour operations, are not covered under the law equally.
Find out which laws cover you by calling the Ministry of Labour inquiry line at 1-800-531-5551 or go to their website at: www.labour.gov.on.ca/english/es/factsheets/fs_covered.html
Your boss may tell you that you are self-employed or an “independent contractor” when you are really an employee. They do this to avoid paying you basic entitlements under the law. True self-employed workers have fewer rights under the law than employees.
Keep details of your contract, copy any documents you have and write down all hours and dates you work. This will help you claim your proper wages when you are ready (see page 9).
If you are in workplace that has a union, you will be covered under your union contract or collective agreement. You union is your legal representative. If you have a problem with your union, call us to discuss what you can do.
| ^ Table of Contents ^ | SIGNING A CONTRACT |
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You cannot sign away your rights. If you sign a contract that is illegal (example: employer will not pay overtime) your boss is breaking the law, not you. The boss should not be making an illegal offer.
Even if you sign an illegal contract, you are still entitled to your rights under the law. Write down all details of the hours and dates you work. This will help you claim your wages when you are ready.
This is a “trial period” set by the company to see if the job is a good match for you and your set of skills. The length of a probation period is up to the boss.
Under the Employment Standards Act, the practice of charging workers a fee to find work is legal. However, the Workers Action Centre is concerned that these kinds of “job-finding” services take advantage of workers who are desperate to find work, often these workers are new immigrants.
In the past, “job-finding” services would charge fees to a business looking for qualified employees, not to job seekers directly. Under today's laws, businesses are unfairly profiting from job seekers that pay fees based on promises of services that do not materialize. Watch out for scams!
| ^ Table of Contents ^ | WAGES |
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You must be paid at least the minimum wage for every hour you work. The minimum wage will go up every year until 2007.
| Minimum Wage Rate | February 1, 2005 | February 1, 2006 | February 1, 2007 |
|---|---|---|---|
| General | $7.45 | $7.75 | $8.00 |
| Student | $6.95 | $7.25 | $7.50 |
| Liquor Server | $6.50 | $6.75 | $6.95 |
Is this enough?
No. We need at least $10 an hour to survive in a city like Toronto. Anything less means our laws allow us to live in poverty. Tell your Member
of Provincial Parliament (MPP) to fight for a $10 minimum wage. Join the Workers’ Action Centre to fight for this increase!
Your boss can pay you in cash. This is legal. But they must give you a record or “pay slip” every time you are paid. A boss paying you in cash may not want to give you a pay slip because they want to avoid paying taxes, EI and CPP.
Your name Pay period (e.g: May 1 to May 15th) Hours you worked & rate of pay Overtime hours you worked & rate of pay Gross pay (before deductions) Net pay (after deductions) Employment Insurance deductions (You pay 1.95% of gross pay)* Canada Pension Plan deductions (You pay 4.95% of gross pay)* Tax deductionsA Sample Pay Slip:
Many employers are asking workers to sign contracts that say you are “independent contractors”. This is another word for “self-employed”, like when you have your own business. When you are self-employed you have less rights than an “employee” who is covered under the Employment Standards Act.
If you are an employee, the employer will make deductions for basic benefits including Employment Insurance (EI) and Canada Pension Plan (CPP). You will be entitled to basic employment standards like vacation pay, overtime pay, minimum wage and termination pay.
If you are truly self-employed or an independent contractor, you are not entitled to EI, CPP or WSIB. You won’t get vacation pay, overtime, minimum wage or termination pay. This is why some employers want to treat you like you are self-employed/an independent contractor.
Know the difference.
You are an EMPLOYEE when:
You are an INDEPENDENT CONTRACTOR or SELF-EMPLOYED when:
If you really are an employee but are being paid like an independent contractor, you need to write down all wages paid, date and hours you worked. You can try to collect money owing to you as an employee under the law when you feel ready.
Ask us for our Independent Contractor Factsheet in Tamil, Spanish, English or Chinese. Or visit our website at www.workersactioncentre.org to print out a copy.
| ^ Table of Contents ^ | HOURS OF WORK |
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You do not have to work more than
For example: If people have always worked a 12 hour shift at your workplace, then 12 hours would be your regular work day. If you agreed to work these hours when you got the job, then this is your regular workday.
Extra Hours
If your boss wants you to work more than your regular workday, they must ask you to sign a written agreement. You have the right to refuse to sign this agreement. You can cancel this agreement by giving your boss two weeks notice in writing. Sometimes, in emergencies only, you could be required to work more hours than normal without signing an agreement.
You do not have to work more than:
If your boss wants you to work more than 48 hours in a week they must ask you to sign a written agreement. It is your legal right to refuse.
If you sign an agreement, your boss must still get approval from the Ministry of Labour. You must see this approval. You can cancel an agreement by giving your boss 2 weeks notice in writing.
After 44 hours in one week, you should get paid 1.5 times your regular pay. For example: If you get paid $10 an hour normally, after working 44 hours in one week you should get paid $15 for every hour worked.
Time Off Instead Of Overtime Pay
You can agree in writing to take time off instead of pay. You should get 1.5 hours paid time off for each hour of overtime you worked. You should take this time off within 3 months.
For example: You work 48 hours in one week. You agree in writing to take the time off instead of pay. Because you worked 4 hours of overtime you should take off 4 hours X 1.5. This means you get 6 paid hours off.
Overtime Averaging
Overtime is always calculated on a weekly basis. But, your boss can ask you to sign a written agreement to “average” your overtime over more weeks.
For example: Averaging is calculated this way.
1 week: You get paid overtime after 44 hours
2 weeks: You get paid overtime after 88 hours
3 weeks: You get paid overtime after 132 hours
4 weeks: You get paid overtime after 176 hours
For example: You agree to average your hours over a two-week period. This means that you will only be paid overtime after 88 hours in two weeks. You could work 50 hours in week one and 38 hours in week two. You would NOT be paid overtime for the extra hours in week one because the total hours equals 88.
You would lose 6 hours of overtime in week one. Overtime averaging is not good for workers. DO NOT sign if you don’t want to. You can only cancel with your boss’ permission.
The reality is that it’s not easy to refuse to work extra hours or ask for your overtime pay. Decide how you want to take action.
All training must be paid at the same rate of pay you agreed to for regular work. Watch out for scams that say “$15 to start”. This could mean that the first day is $15 and every other day is minimum wage. The rate you verbally agree to is what you should be paid every day. Keep records of any pay change.
If you are called into work or for an assignment through a temp agency, you must be paid at least 3 hours if you are sent home early. This is only if you are scheduled to work more than 3 hours that day.
| ^ Table of Contents ^ | LEAVES & TIME OFF |
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After 1 year of working with the same employer, you are entitled to take off 2 weeks of paid vacation. Your boss has the right to tell you when you can take it. It is illegal for your boss to make you take your vacation one day-at-a-time. If you want single vacation days, you must get your boss’ written agreement.
Vacation Pay
You are entitled to paid time off or 4% vacation pay for every dollar you earn. After the first year if you had no vacation, you should get paid vacation pay (4%) on your total gross wages. Also, if you leave a job before taking vacation, make sure you get your 4%! Employers can pay 4% vacation pay on every cheque or pay you your regular wages during your vacation time.
What are the Public Holidays in Ontario?
Christmas Day - December 25th
Boxing Day - December 26th
New Year’s Day - January 1st
Good Friday - Early April
Victoria Day - around May 24th
Canada Day - July 1st
Labour Day - 1st weekend in September
Thanksgiving - Mid-October
Most workers in Ontario have the right to a public holiday with pay. Even if you are a temp worker, part-time or contract worker - you have the right.
To Qualify for Public Holiday Pay
You must work your regularly scheduled shift before and after the holiday. This does not mean the day before and the day after. If you have a good reason to not work your regular shift before or after the holiday (eg: you are sick) you should still get paid. You will need a doctor’s note to prove it.
When you work on a Public Holiday.
You can agree in writing to either:
Public Holiday pay is calculated by dividing your previous 4 weeks earnings by 20 (the usual number of working days in a month). For fulltime workers this works out to about one day’s pay. It will be less for part-time workers.
Your agency may tell you that you have to work for 3 months or a certain number of hours before you can receive public holiday pay. This is wrong! You should receive a day off with public holiday pay as long as you work your regular shift before and after.
But some temporary agencies do not pay their workers for public holidays even though you may be legally entitled to it. These agencies are saying that their temp workers are “elect to work” employees. “Elect to Work” employees do not get public holiday pay because they can truly decide to work or not without fear of penalty or losing their assignment. But most temp workers do not really have this choice. Call us if you do not receive public holiday pay. You may be entitled to it.
The following leaves are unpaid under Provincial employment standards laws. But you may qualify for income benefits through Employment Insurance from the Federal Government (HRSDC) for these leaves.
HRSDC has a 2 week unpaid waiting period for benefits. In all cases you must work a specific number of insured hours (with deductions on your pay slip) before you can receive benefits.
There are no laws that allow you to take off sick time. You have to find out if your workplace has “sick days”; and not all do. In some places, you can take the time off but don’t get paid.
Workers get “Emergency Leave”. You get 10 days unpaid, job protected leave every year for illness, injury, medical emergency, death of a family member. This is only if your workplace has 50 or more workers. If you take a ½ day off, it counts as 1 full day. You may have to show proof, like a doctor’s note, to prove the reason for your leave.
Benefits: Through EI, Sick benefits may be paid up to 15 weeks to a person who is unable to work because of sickness or injury. To receive sick benefits you are required to have worked for 600 insured hours in the last 52 weeks.
(Family Medical Leave)
You can get up to 8 weeks unpaid, job-protected leave to take care of a
family member who is seriously ill and may die within 26 weeks. You do not
have to take all 8 weeks together.
If you are supporting or taking care of a seriously ill family member who may die within 26 weeks, you can apply to HRSDC for up to 6 weeks of benefits through EI. You must have worked 600 insured hours in the last 52 weeks.
Provide Proof & Notice
You will need a doctor’s note to confirm the illness and probability of death.
You must inform your boss in writing that you will be taking the time off
before it begins.
Pregnant workers have the right to take maternity leave up to 17 weeks of unpaid time off. Both parents can also take unpaid parental leave. The birth mother can take an additional 35-week leave for a total of 52 weeks per child. The other parent can take up to a 37-week leave.
Benefits. Through EI, Maternity benefits can be paid up to 15 weeks to the birth mother. You must have worked 600 insurable hours in the last 52 weeks. Parental benefits can be paid up to 35 weeks to both parents. Both parents can share the 35 weeks or divide it between them.
For More Info
Call the Employment Insurance Inquiry Line toll-free at 1-800-206-7218 for
details on your situation.
| ^ Table of Contents ^ | TERMINATION OF WORK. |
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Your boss can fire you with no notice if you have worked less than three months. When you leave, they should always give you:
After three months (even if you are on probation), your boss must give you written notice of the date you will be fired or laid off. If they do not give you notice, they must give you termination pay instead.
If you are fired because of “neglect of duty, disobedience or willful misconduct” - you will not get notice or pay.
How Much Notice or Pay?
More than 3 months, less than 1 year = 1 week
More than 1 year, less than 3 years = 2 weeks
More than 3 years, less than 4 years = 3 weeks
And so on up to 8 weeks for 8 years.
Many temp agencies do not pay termination pay. This could be illegal. If your assignment suddenly ends after three months, you may be entitled to termination pay. If you knew the end date of the assignment from the beginning, you will not receive termination pay because this is the same as getting notice.
Under the law, an employer does not have to have a good reason for terminating you. There is also no law that says the boss must follow a fair process. Some employees choose to take their employers to Small Claims Court when they feel they have been fired unfairly. Some hire a lawyer.
Your boss must give you a Record of Employment (ROE) every time you leave a job. This document is important because it allows you to apply for Employment Insurance (EI).
The ROE records the following information from your last place of work in order to calculate your benefits and the number of weeks you will receive them:
You must get the ROE within 5 working days OR on the next pay period.
Is your boss refusing to give you an ROE? Go to the EI office and fill out a “Missing ROE” form. They will request it from your boss.
Working for cash with no deductions? Calculate the number of hours you worked in the last 52 weeks. Write down the dates you worked. Call the Workers’ Action Centre for advice on how to apply to EI.
The Temp agency has to give you an ROE for all your assignments.
If you have not worked or received income for 7 days, ask the Temp Agency for an ROE. This does not mean you are quitting. Tell this to the Temp Agency.
You are considered “unemployed” after 7 days of no work or income in a row and can apply for EI benefits if you have enough hours.
Reason for Leaving on ROE
Your boss must write down a reason for leaving on your ROE. Some
reasons they can give are: fired, quit, illness or injury, shortage of work,
temporary lay-off, pregnancy, parental, compassionate leave and “other”.
The reason for being out of work will affect your eligibility.
If your ROE says that you were FIRED or QUIT, you may be told that you will not get EI benefits.
| ^ Table of Contents ^ | DISCRIMINATION & HARASSMENT |
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You have the right to a workplace free from discrimination and harassment under the Human Rights Code. It is illegal for your boss or temp agency to discriminate against you because of race, colour, ethnicity, country of origin, age, sex, sexual orientation, disability, marital and family status, religion and citizenship.
It is legal for the temporary agency to decide who they will send to which assignments or jobs, but it cannot be based on the kinds of discrimination listed on page 22.
Application Form & Human Rights: It is illegal for temp agencies to ask for your SIN number, drivers liscence, date of birth, country of origin or other personal information on the application form. However, many agencies ask for this information. If this happens to you call us to find out what you can do and ask to see our Factsheet.
In most workplaces, temporary agency workers will receive less pay and fewer benefits than the permanent employees. This is very unfair, but it is legal.
Bullying means harassment. This could mean a person is yelling, humiliating or scaring you. It could mean pushing you, standing close to you or pointing a finger in your face. This could be your boss or a coworker.
Bullying can affect your health. The stress can make you sick. This happens to a lot of workers.
This kind of harassment is NOT covered under the Human Rights Code. It is NOT covered under the Employment Standards Act. It should be.
If every worker only fights for himself or herself, we will never really change the deeper problems that keep our wages low and our conditions unacceptable. This is why Workers’ Action Centre works hard to stop workplace violations for all workers in all workplaces. Let’s improve workplace conditions for all workers and their families.
How Do We Do This?
Workers’ Rights Phoneline
We operate a phoneline that receives hundreds of calls every month from
people facing problems at work. We provide support and talk about ways
to deal with a bad boss or get unpaid wages. Our phone line number is (416) 531-0778.
Education
We provide workshops at our Centre and all across the city about how to
improve working conditions. It helps us at work if we know our rights. It
helps us even more if we know how to protect ourselves when the law
doesn’t. Fact sheets and booklets on workplace rights, temp work, job
scams and other issues are available in many languages.
Outreach
Our members get out into neighbourhoods and talk to workers about how
we can support each other and get organized. Many workers are forced to
leave their jobs because of workplace violations. Facing this alone can be very difficult.
Organizing to Change Our Labour Laws
We organize to make laws and enforcement stronger so that working
conditions are improved and wages increased. The laws covering workers
don’t really protect us and the government is not doing enough to
enforce the weak laws that do exist. That’s why 1 in 3 employers break
the law, often with no penalty!
Organize
Our voices are stronger together. If we want to pressure the government
and employers for change, they need to hear from workers that there are
problems. Change will not happen if we take on problems one by one.
We need to address the roots of the problems we face, the weak laws
that allow racism and poverty to affect our lives and our workplaces.
Supporting each other = action for change!
BECOME A MEMBER. Join the Workers' Action Centre today.
Workers are at the centre of everything we do. A “member” is someone
who gets involved and who shares our vision of workers rights.
As a member, you will receive:
Contact us to find out how you can become a member.
Workers Action Centre
720 Spadina Avenue, suite 223
Toronto, Ontario, M5S 2T9
416-531-0778
info@workersactioncentre.org
www.workersactioncentre.org
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