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What is the Employment Standards Act?The Employment Standards Act (the Act) is the law that contains Ontario's basic rules about employing people and working. Both employees and employers have rights and responsibilities under the Act. What does the Act do? The Act gives the minimum standards for:
It also has rules on equal pay for equal work, benefit plans, lie detector use, wage and pay statements and employer records. Does the Act apply to all employees in Ontario? Most employees in Ontario are covered by this provincial law. But the Act does not apply to an employee or an employer under federal labour jurisdiction. The Canada Labour Code applies instead. The Code covers employees in such workplaces as:
For more information about the Canada Labour Code, contact the nearest Human Resources Development Canada - Labour Programs Office. Most seasonal workers are covered by the Employment Standards Act. Some, however, may be covered by only parts of the law. For example, the rules about:
do not apply to people employed as:
The Act also has special provisions for people employed to harvest fruit, vegetables and tobacco. This fact sheet will tell you about the major standards that affect the different types of seasonal employees. To find out if your job or type of workplace is covered, please call 416-326-7160 or 1-800-531-5551 or contact the nearest Ministry of Labour office.
Types of Seasonal Employment Agricultural Workers There are different types of agricultural workers and the rules vary for each group. Farm workers A farm worker is a person employed to work on a farm. The work they do is directly related to the primary production of eggs, milk, grain, seeds, fruit, vegetables, maple products, honey and tobacco and the raising and keeping of pigs, cattle, sheep or poultry. It includes such work as planting crops, cultivating, pruning, feeding and caring for livestock, harvesting (see special rules for fruit, vegetable and tobacco harvesters) and transporting * produce to market.
Farm workers as described above are covered by all the standards with the exception of:
Fruit, vegetable and tobacco harvesters Special rules apply to a person employed on a farm who is harvesting fruit, vegetables and/or tobacco for marketing or storage. All of the standards apply to fruit, vegetable and tobacco harvesters with the exception of:
The following standards have special rules for fruit, vegetable and tobacco harvesters:
Are there other agricultural workers covered by special rules? Yes. Those working in the following occupations are eligible for minimum wage and vacation pay but are not eligible for overtime pay, public holiday pay or the hours of work limitations. The exception is the right to a 30-minute meal break after five hours of work in:
Processors, Canners and Packers People who are hired to process, can or pack fresh fruits and vegetables or whose employment is directly related to the distribution of these products by a canner, processor or packers are entitled to:
Employees who work no more than 16 weeks in a year for the employer are entitled to receive overtime pay after 50 hours in a workweek. Employees who work more than 16 weeks in a year for the employer are entitled to receive overtime pay after 44 hours in a workweek. Hotel, motel, tourist resort, restaurant and tavern industry People who work in this industry are covered by all the standards in the Act. If they get room and board they are covered by all of the standards in the Act, though the following special provisions apply:
Minimum Wage The minimum wage is the lowest hourly wage an employer can pay an employee. This covers all employees including full-time, part-time and seasonal employees. Minimum Wage Rates:
** Includes heat, light, fuel, water, gas or electricity provided at employer's expense.
What happens if a seasonal worker is terminated? Termination of employment is when an employee stops working for an employer. Other words used to describe termination include "let go", "discharged", "dismissed" or "fired". An employer can terminate an employee at any time. However, an employer is required to give written notice to employees who have worked for three (3) months or more, unlessor For more information please see the fact sheet "Termination of Employment", or contact your local Ministry of Labour office. What is severance pay and are seasonal workers entitled to it? Severance pay is money paid by an employer to some employees who lose their jobs. It is paid in recognition of years of service. Some seasonal employees are entitled to severance pay if:
Employees who qualify for severance pay are entitled to receive one week's regular pay for each year of employment up to a maximum of 26 weeks' regular pay. For more information please see the fact sheet "Severance Pay" or contact your local Ministry of Labour Office at 416-326-7160 or 1-800-531-5551. Where to get more information Employment
Standards Information Centre
Ministry of Labour |
Employment Standards Act
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