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WORKING IN RETAIL Do retail workers have specific rights under the ESA ? The ESA contains rights that apply specifically to employees who work in most retail businesses. (A retail business is one that sells goods or services to the public.) These rights apply to both sales employees and non-sales employees, such as managers. These rights also apply to employees who work in a retail business even if their employer is not a retail business. For example, these rights apply to cleaners and security guards who are employed by a cleaning or security company but who are assigned to work in a shopping mall. Retail workers have the right under the ESA to refuse to work on public holidays. They also have the right to refuse work on Sundays, unless they agreed otherwise, in writing, at the time of being hired and their hiring took place on or after September 4, 2001. (This "time of hire" exception does not apply where the reason for refusing to work is because of religious belief or observance.) If an employee of a retail business agreed to work on a public holiday, the employee can later decline to work by giving the employer at least 48 hours' notice before the employee's work is to begin. For the most part, retail workers are governed by the same rules as other employees under the ESA. For questions related to hours of work, minimum wage (including information on commission pay, and wages and deductions), overtime, vacation time and pay and other aspects of employment, consult the Fact Sheets. Can employees refuse to work on a public holiday? Employees of most retail businesses generally have the right to refuse to work on a public holiday. Where the public holiday falls on a day that would ordinarily be a working day, most retail employees qualify for the public holiday off work and for public holiday pay. Where the public holiday falls on a day that would ordinarily not be a working day, or the employee is on vacation, most retail employees qualify for a substitute day off and public holiday pay. For information on industries and jobs that do not qualify for paid public holidays, or to which special rules apply, see the "How Are You Covered by the ESA?" Fact Sheet. Does an employee have to give a reason for declining to work on a public holiday? An employee of a retail business who has the right to refuse to work on a public holiday generally does not have to explain why he or she chooses not to work on a public holiday. Can an employer punish an employee for not working on a public holiday? No. An employee who has a right of refusal can't be dismissed, intimidated or penalized in any way for exercising his or her rights under the ESA. Can employees refuse to work on a Sunday? Sunday rules for employees hired before September 4, 2001 Employees of most retail businesses hired before September 4, 2001 have the right to refuse to work on Sundays. If an employee agreed to work on Sundays, whether or not the agreement was made when he or she was hired, the employee can later decline to work by giving the employer at least 48 hours' notice before the employee's work is to begin. Sunday rules for employees hired on or after September 4, 2001 Employees of most retail businesses hired on or after September 4, 2001 have the right to refuse to work on Sundays. However, if they agreed in writing at the time of being hired on or after September 4, 2001, that they would work on Sundays, they cannot then refuse to work on Sundays except for reasons of religious belief or observance. An employer can't make an agreement to work on Sundays a condition of hiring an employee if this violates the Human Rights Code. (Contact the Ontario Human Rights Commission for further information. The number is listed in the blue pages of your telephone book, under "Human Rights".) Employees who did not agree in writing at the time of being hired to work on Sundays can agree to work on a Sunday. They can later change their minds and decide not to work, but must give the employer notice at least 48 hours before they are scheduled to work. Does an employee have to give a reason for declining to work a Sunday? An employee of a retail business who has the right to refuse to work on a Sunday does not have to explain why he or she chooses not to work on a Sunday. However, where an employee has agreed in writing at the time of hire (on or after September 4, 2001) to work on a Sunday, they can later decline to do so by advising the employer their refusal is due to reasons of religious belief or observance. Can an employer punish an employee for not working on a Sunday? No. An employee who has a right of refusal can't be dismissed, intimidated or penalized in any way for exercising his or her rights under the ESA. Are there times when retail employees cannot refuse to work on public holidays or Sundays? The special rules regarding public holidays and Sunday work in the Act that allow certain retail employees to refuse to work public holidays and Sundays do not apply if the main business is to: sell prepared meals (i.e., restaurants, cafeterias, caf�s) rent living accommodations (i.e., hotels, tourist resorts, camps, inns) provide educational, recreational or amusement services to the public (i.e., museums, art galleries, sports stadiums) sell goods and services that are secondary to the businesses described above and are located on the same premises (i.e., museum gift shops, souvenir shops in sports stadiums) This means that retail employees working in these kinds of businesses have no right under the Act to refuse Sunday work. This also means that the regular rules about public holidays will apply to retail employees working in these kinds of businesses. Under these regular rules, some of these employees will still have the right to refuse to work public holidays. Please refer to the "Public Holidays" Fact Sheet for more information 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 416-326-7160 or 1-800-531-5551 Ministry of Labour http://www.gov.on.ca/LAB/english/index.html			SOS Newsletter Employment Standards Act - Agricultural Workers - Domestic Workers - Home Workers - Hours of Work - How to file a Claim - Minimum Wages - Overtime Pay - Parental Leave - Pregnancy Leave - Public Holidays - Temporary Layoff - Termination of Employment - Seasonal Work - Severance Pay - Vacation Pay & Vacation with Pay - Working in Retail General Legislations 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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