Employment Standards Act
2000
EMPLOYEE STATUS
&
perfans
Employee work or
provides services
wages
for
↓
-
receives
from
an
training
employer
employe
was
an
is
homewakes
a
skill
used
bung
for
the
employer
by
a
*
includes the trial period when a
job candidate is being assessed
even
offer
ESA does
not
Volunteers
cover
or
though
there is
independent
people
not
no
job
contractors,
covered
under the
an employee
of
Misclassification contravention (action
could lead to a notice of
in
penalty
law)
not
resulting
following
of
or
prosecution o both
.
act
-
*
Independent
Volunteer
contractor
&
Tramels
or
internes
wak
performed
important for the
-
business.
-
Business
an
and
↑
not allowed
-
Business has the
~
a
.
money
S
volunteer j
are
-
L
working
not
in
-
ge
N
&
Act
↓
2005
·
employee even if they charge
An individual is an
(harmonized sales tax-provincial 2 federal
&
services).
most
on
tax
goods
charged
HST
I
Even
submit business invoices
if then
they vehicle
o
for wok
use
government agency leg CRA)
another
Even
them as otherwise and even of the
classifies
an
statutory deductions
/Canada Pension Plan) 2 El
does no
business
like
:
CpP
(Employment Insurance)
Payment or non-payment of wages (example
honorariums does
individual is
is
a
:
mean
that
the
volunteer
or a
volunteer
not
.
an employer
does
ESA
who
that
apply
is
apply to secondary school
.
under a work experience program
authorized under the school
~
that
board
The
not
operates
the school .
-
experience is intended to enhance
their
classroom
experience .
BUSINESS & IT CONSULTANTS
Business Consultant is an individual who provides
advice
on
IT
to business
services
or
its
performance
a
systems
It
or
business
os
services
client
covered
on
by ESA
in IT
by ESA
if the
not matter
-
consultant is
providing
to its employer
advice
of
organisation
advice a services to
covered
both cases , it does
In
not
organization
not
-
-
provides
consultants
business
.
or
or a
.
employer
their
DETERMINING IF THE EXCEPTION APPLIES
(All
> The
-
of
>
-
The
4
conditions must be met)
individual
business
mut meet the ESA
& IT
individual
esparation or
.
consultants
definition
prondes services through the
sole prophetership
must be
the services through either
pronding
They
A corporation ore a director or shareholder
they
·
party
·
to
a
unanimous
shareholder agreement
A sole
propietership if the services
provided
under
a
business
proprietership
sele
name
that is
are
of a
registered under
.
the Business Names Act
>
-
There is
terms
.
a
written agreement
containing specified
The ER & consultant must have a
un
containing when 2
agreement waiting
how
The
consultant must be paid .
the
consultants
which
nously rate
pay athust be $60. which cannot
should
include
benuses
allowances
-
must be an
,
,
commissions, travel
expenses or
benefits
consultant must be paid at the time
in the
and amount
agreement.
The
specified
If any of the
then
the
ESA
.
Y
conditions
are
not met
individual will be covered
by
MANDATORY POSTER FOR EMPLOYERS
Employees and recruiters in certain circumstances
required
are
to
provide
employees with the
the
information sheet
.
must
provide this poster to the employees
30
days of becoming an employe
Employers
↑
within
must
Employers
information
provide the employee with an
S
sheet
y
:
employer agreed to work more than
the
limit
hours of
or
of
only
weekly
work
4) the
-
In
(2)
is
a
(3)
is
a
excess
temporary help assignment employe
national
foreign
hours
agreements the ER must
,
provide the EE this sheet & there should
be
a
line
in the
acknowledgement saying
that the
.
employee has received it
Temporary
new
help agencies
hires
the
information
Recruiters
are
required
to provide
temporary help agency assignment
sheet
need to
give foreign
Employment standards
nationals the
sheet
information
& Employment
protection for foeign nationals
act
2000.
PAYMENT
OF WAGES
Employers need to establish
period I needs to pay
except
payperod
commissions
may
on
pay
bonuses and
sales in
a
pay period
in the
that
paid
not be
regular pay
wages in every
vacation
Some employees earning
-
a
same
. This is established by
period
pay
the commission a
where
contract
employment
or
the
~
-
the benus
is
owing
not due
or
event
has
until a further
example, until the
occused
product
is
earned
.
delivered or
product is delivered or
.
has been received
full payment
until
the
Effective
set
up
the
employees can
what account they want to
June 20
choose
For
their
,
2024
,
banking information
WHEN
EMPLOYMENT ENDS
employee must pay out any wages
The
accrued
-
and
any
seven
days after the employment
'
employee's
whichever
Vacation
severence no later than.
Or
>
-
,
next
regular pay day
is later
WAGE STATEMENTS
-include the pay period
>
-
gross amount of wages
-amount
-
>
-
the
the
net
and
purpose of
deduction
amount of wages
amount of wages
board .
each
paid in rom and
VACATION STATEMENTS
Vacation statements should
later than
I
>
-
Ist
the
the
I
request
↑
current star
no
:
whichever is later
period or vacation
Later than:
days after the stub period or vacation
entitlement
T
or
employee asks for statement concerning
entitlement
>
-
Ist
year ends
pay day after
the stub
~
vacation
-
The
no
pay day after the employer
makes
the
provided
:
days after the request
>
-
If
be
↑
entitlement
year
period or
end
employer is only required to provide this
info only once
If
employee has agreed to get vacation
it accrued
pay on every pay cheque
an
as
then
the
they are not required to provide
wage
should be
about
statements.
a
the
Court
may
make
Just that there
separate line
vacation
order
,
Stating
pay .
the ER
to
deduction
DEDUCTIONS FROM PAY CHECK
L
↓
Income
CPP
Taxes
The
Wage Act limits
employer
time :
is
↓
Employment
Insurances
how much the
allowed to deduct at
any
WRITTEN
An
employee may
employee
the
amount
an
also deduct
signed
has
authorizing
AUTHORIZATION
a
the
if
money
written
.
deduction
statement
It should have
I state how it
was
oral authorization
or
.
calculated
An
employee's
(or blanket
statement
authorization)
general
is not
sufficient
.
employer
An
wages if
cannot make deductions
:
faulty
work like a mistake
↳
its due to
in
a
is
spoiled or rejected
credit
where
from
card
tool
transactions , wak that
or a
broken
situation
employer's
vechicle in
while an
damaged
employer's
.
business
are
or
> The
a
employer has a cash storage or has
property
does not
the
losta stalen
when the
have soleaccess or
or
the
lost
a
.
have
written
to
It includes
property.
The deduction
paying
made when the
employee
to
over
customer leaves an establishment
without
one
control
-
cash
when the
employee
make
access
and
authorization
the
was
has
to
.
deduction
can be
the
only
prouded
the
employer
RECORD KEEPING
Personal information :
3
the
years after
employee stopped working for the ER . If
the
ER must keep
employee is under 18
-
information for 3 years after the employee's
18th
the employe
birthday
years after
stopped working for the employer
,
,
3
or
whichever
Hours
&
happens
of
first
.
work & pay : This record
must
be
week
.
of work
&
-
kept for 3
years after
the
day
or
If the employee receives a salary (such
as
a
-
perod
fixed amount)
and the
for each
amount does
(except y the employe
·
than
employer
44
is
news
in
a
works
pay
not
change
more
week) the
only required
to record
>
-
the
hours
employee's
those
regular
in
week
of
excess
o
8
hours
the
.
for
of
employee's regular
in
it
is
-Employers
the
are
not
the
receive
a
day
in the
day
:
Y
hours)
to
record
employee
fixed
amount
for each pay
period &
exempt from or pay and
who
are
the
provisions of
work
8
required
times
worked
y they-
Isalang
wat
man
dates f
per
the hours
exess
more
of
excess
employee's
hours
the no
of
in
hours
in
maximum
hours
of
.
Employees
rates
with
2 or more
must be kept
regular
for years &
if the averaging agreements of excess hours
:
3
in
are
place the employer must retain that
the last
copy for 3 years
,
on
which
after
wok
performed
was
agreement
Employee wage
kept for
given to
3
statements
after
years
the
day
the
-
under the
must be
information
was
employees
.
TIPS SHARING POLICY
-
affective
must
June
21
a
copy
keep
about the
of
in a
tip pooling
-
it
is
2024
the
employer
or
director
arrangement
longer
or
employe participating
.
must be kept
no
an
of every policy
employer
shareholder
policy
,
in
for
years after
3
effect
Each
-
.
VACATION TIME RECORDS
The
employer
for
5
years
not
the
information
:
earned since the date of his
taken
before
the start
entitlement
valation
T
keep
time
-Vacation
but
must
of the
year
.
Vacation time earned , used or unused
during a vacation entitlement year
a
stub
period
VACATION PAY RECORDS
-
Records should be kept
camid & paid
year
was
stub
or
during
a
for vacation
vacation entitlement
period I how the pay
calculated
-Employer
whichever
must make these records
is
later :
-
days after
seven
-
entitlement
if
year
-
First
the start
first
year
relates to stub
it
of
the
valatton
or
pay day after
vacation
entitlement
period.
the next vacation
entitlement year ends or the first
entitlement
stub
.
period
kept for
This must be
record
of
year if
vacation
it relates to the
5
years
after
the
was made
pay
SUBSTITUTE DAY-PUBLIC HOLIDAY
If the
needs
day
to
substituted
is
provide
a
,
the
statement
employer
of the change
substituted
holiday
being
consisting of
substituted
and the date of the new
The record must be retained
day
.
the
for
3
years
LEAVES
must
Employers
keep the record for 3
years including any documents or
entificates
POLICES
ON DISCONNECTING FROM
WORK
Records
after
for
must be retained
policy
the
effect
is
3
longer
no
years
&
in
.
REGISTER
HOMEWORKERS
Employers must maintain
the
of
name
the
,
homeworker
end
the
register with
address and rate
of pay
of
a
for
3
employment.
years
after
TAMP HELP 2 CLIENTS
Both need to retain
-
including
j
info they worked for
about the temps
the hours
each client
for
3 years
-
day/week
afterof work
.
the
Part 2
Minimum Wage
Hours of Work
Disconnecting from Work
Electronic monitoring of employees
Minimum Wage
The lowest amount an employee can get paid whether they are part-time, full-time, casual or are paid hourly rate,
commission, piece rate, flat rate or salary
Minimum wage rate is determined every year by the Ontario Consumer Price Index.
Minimum wage from October 1,2024 to September 30, 2025 is as follows:
•
General minimum wage:
$ 17.20
•
Student minimum wage: $ 16.20
•
Homeworker wage:
•
Hunting, Fishing and Wilderness Guides: $ 86 for working less than 5 consecutive hours for in a day.
$ 18.90
$ 172.05 for working more than 5 hours whether or not it’s consecutive.
Minimum Wage calculation for employees who earn commission
If an employee’s pay is based partly or completely on commission it must total to minimum wage for each hour worked
Example: Luba works on commission and has a weekly pay period. One week, she was paid $300.00 in commission
and worked 25 hours. The minimum wage applicable to Luba is $17.20 an hour. The minimum wage ($17.20)
multiplied by the number of hours worked in the pay period (25) is $430.00.
In this scenario, you're correct that Luba's total earnings must meet at least the minimum wage for her
hours worked. Here's a breakdown of the calculation:
- Minimum Wage Calculation:
◦ Minimum wage: $17.20
◦ Hours worked: 25
◦ Total minimum wage for the week: $17.20 × 25 = $430.00
- Commission Pay:
◦ Commission earned: $300.00
- Difference Owed:
◦ Minimum wage requirement: $430.00
◦ Commission earned: $300.00
◦ Amount owed to Luba: $430.00 − $300.00 = $130.00
So, Luba's employer owes her $130.00 to ensure her total pay meets the minimum wage for the hours she
worked.
How the provision of room and board affects minimum wage
Employers can count the value of provided room and meals towards the minimum wage, but only if the employee actually
uses these provisions. It’s essential for employers to ensure that the total compensation, including any deductions for room
and board, still meets the minimum wage requirements for employees. That is whatever is paid to the employee should not be
less than minimum wage
Room and meals have have different values depending upon the type like private non-private
Employees sent home after working less than 3 hours: 3 hour rule
When an employee who normally works more than 3 hours works less than 3 hours then they must get paid for 3
hours or the hours they worked, whichever is greater
The rule does not apply
•
if the employee’s regular shift is 3 hours or less
•
if the employee could work less than 3 hours due to a reason that was not in the employer's control
As of January 1, 2019, the 3 hour rule applies to students (including students over the age of 18), except if the
student works at a children’s camp, instructs or supervises students or works in a recreational program run by charity,
unless they are a wilderness guide
Hours of Work
Daily limit
The maximum number of hours an employee can be required to work is 8 hours a day or the number of hours
established in a regular workday if it’s greater than 8. However, there needs to be an electronic or written agreement
Weekly limit
The maximum number of hours an employee can be required to work is 48 hours a week or the number of hours
established in a regular workweek if it’s greater than 48. However, there needs to be an electronic or written agreement
Work time
When the employee is actually working or if the employee is not working but is required to stay at work. However, they
are not considered to be working if they are on their break for eating periods, personal pursuits or sleeping, provided
the employer provides sleeping facilities and the employee is entitled to 6 uninterrupted hours of sleep
On call employee is not considered to be working unless they are called into work.
Travel Time
• If the employee takes a work vehicle home in the evening for the convenience of the employer, the work time
begins when the employee leaves home in the morning and ends when he or she arrives home in the evening.
•
If the employee is required to transport other sta# or supplies to or from the workplace or work site, time so
spent must be counted as work time.
•
If the employee has a usual workplace but is required to travel to another location to perform work, the time
traveling to and from that other location is counted as work time.
Time spent travelling during the course of the workday is considered to be work time.
Training periods
Time spent by an employee in training that is required by the employer or by law is counted as work time. For example,
where the training is required because the employee is a new employee or where it is required as a condition of continued
employment in a position, the training time is considered to be work time.
Time spent in training that is not required by the employer or by law in order for an employee to do his or her job is not
counted as work time. For example, where an employee hoping for a promotion with the employer takes training in order to
qualify for it, time spent taking the training is not considered to be work time.
Trial periods
Effective March 21, 2024, a person who performs work for an employer during a trial period is an employee under the
ESA if the skills being assessed during the trial period are skills used by the employer’s employees or could be used by
employees if the employer has no other employees.
For example, where an employer asks a job candidate to work a trial shift to demonstrate their ability to perform the job,
even where no employment offer has been made to that candidate, the person is an employee under the ESA. This means
the hours worked during the trial period must be counted as work time.
Electronic and written agreement requirements on exceeding hours of work
An employer and an employee can agree electronically or in writing that the employee will work more than:
• eight hours a day or their established regular workday – if it is longer than eight hours;
• 48 hours a week.
These agreements are valid only if, prior to making the agreement, the employer gives the employee the most recent
information sheet for employees about hours of work and overtime pay prepared by the Director of Employment
Standards that describes the hours of work and overtime pay rules in the ESA. In order to be valid, the agreement
must include a statement in which the employee acknowledges receipt of the information sheet.
In most cases, an employee can cancel an agreement to work more hours by giving the employer two weeks’ notice
in writing or electronically, while an employer can cancel the agreement by providing reasonable notice. Once the
agreement is revoked, an employee is not permitted to work excess daily or weekly hours.