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HIRING IN CANADA |
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Employment Legislations |
Employment Agencies |
Employment Agencies |
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Job Opportunities |
Job Opportunities
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Self-created Jobs |
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Do the rules about hours of work apply to everyone?No. Certain job classifications are exempt from the hours of work rules set out in the ESA. Please refer to the “How Are You Covered by the ESA?” Fact Sheet for more information on job-specific exemptions and special rules. What are the maximum required hours of work for employees?For most employees in Ontario, the maximum number of hours they can be required to work is:
Can an employee agree to a working arrangement that exceeds these rules?An employer and an employee can agree in writing that the employee will work more than:
However, they can’t agree that the employee will work more than 60 hours a week without the approval of the Ministry of Labour’s Director of Employment Standards. Any agreements exceeding these hours of work maximums must still comply with ESA rules about hours free from work and eating periods. Employees can cancel most agreements by giving the employer two weeks’ written notice, while employers need to give the employee reasonable notice. Are employees entitled to overtime pay when they have agreed to longer work days or work weeks?Yes. An employer still has to follow the rules on overtime pay in the ESA and its regulations. An agreement between an employee and an employer to work additional daily or weekly hours does not excuse employers from paying overtime. See the Overtime Pay section of this fact sheet for more information. Are there special situations when the usual “hours of work” rules do not apply?Under exceptional circumstances, an employer may require an employee to work:
Employees can be required to work in exceptional circumstances without their consent—but only so far as is necessary to avoid serious interference with the ordinary working of the employer’s establishment or operations, if:
What does the law say about meal breaks?An employee must not work more than five consecutive hours without getting a 30-minute eating period free from work. The employer does not have to pay for time the employee is on a meal break unless there’s an employment contract that says otherwise. If the employee and employer agree, the 30-minute meal break can be taken as two shorter breaks within a period of five hours. Together the two meal breaks must total at least 30 minutes. What does the law say about coffee breaks?An employer is not required to provide any breaks under the ESA other than a 30-minute eating period for every five consecutive hours of work. However, if the employer does provide another type of a break, such as a coffee break, and the employee must remain at his or her workplace during the break, the employee must be paid at least the minimum wage for that time. What does the law say about rest periods?Under the ESA, employees are entitled to rest periods, that is, a certain number of hours free from having to work. Daily:An employee must receive at least 11 consecutive hours off work each day. This employment standard applies even if the employer and the employee have agreed in writing that the employee will work additional daily hours, or if the employer has established a regular work day that’s longer than eight hours. This requirement cannot be altered by a written agreement between the employer and employee. The rule does not apply to employees who are on call if they are called in to work during a period when they wouldn’t otherwise be expected to perform work. Between shifts:Employees must receive at least eight hours off work between shifts. This employment standard doesn’t apply if the total time worked on both shifts isn’t more than 13 hours. For example, someone working a split shift in a restaurant wouldn’t need to take eight hours off between shifts as long as the total time worked on the two shifts wasn’t more than 13 hours. An employer and employee can also agree in writing that the employee will receive fewer than eight hours off work between shifts, subject to the daily 11 consecutive hours of rest requirement. Weekly or Biweekly:Employees must receive at least 24 consecutive hours off work in each work week, or at least 48 consecutive hours off work in every period of two consecutive work weeks. This requirement cannot be altered by a written agreement between the employer and employee. If an employee works late, is the employer required to provide a ride home?Employers have no obligation to provide transportation to or from work under the ESA, although individual contracts of employment or a collective agreement may require it. Do employers have the right to schedule an employee to work an overnight shift alone?The ESA does not put restrictions on the timing of an employee’s shift, other than requirements described in What does the law say about rest periods? in this Fact Sheet. Do employees get paid more for working Sundays, or for working late at night?Individual contracts of employment or a collective agreement may require it, but the ESA doesn’t require premium pay for working Sundays, or late at night. What if the employer does not follow the ESA?If an employee thinks the employer is not complying with the ESA , he or she can call or visit the nearest Ministry of Labour office to discuss a particular situation or to file a complaint. 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. The ministry has a number of options to enforce the ESA, including requesting voluntary compliance, issuing an order to pay wages, an order to comply, an order to compensate, an order to reinstate and/or a notice of contravention, or issuing a ticket or otherwise prosecuting the employer under the Provincial Offences Act. Employment
Standards Information Centre
Ministry of Labour |
Employment Standards Act
An Introduction to Hiring in Canada
Hiring in
Canada or Employment in Canada gives a vast description of Employment Legislation in Canada. It
covers Employment Standards Act and other General Employment Legislations
regarding jobs in Canada or employment in Canada.
Important issues like minimum wages, temporary layoff, termination of
employment, severance pay and vacation pay are covered under this section.
Hiring in
Canada or Employment in Canada provides sources for Employment Opportunities in Canada
available for general applicants as well as jobs in Canada for students.
Hiring in
Canada or Employment in Canada also gives reference to the Employment Agencies helping applicants
in finding jobs in Canada, both government
and private. The viewers can search for Employment Opportunities in Canada
through these agencies.
Self-created Jobs
is an other feature of Hiring in Canada or Employment in Canada. It is a good source of finding Jobs in Canada. |
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