Everyone’s Jealous of the Unemployed on Monday Morning

Luckily for you, you’re a morning person! As many of us pile into our vehicles and dredge that morning commute, we should take this opportunity to reflect on the various rights afforded to us as employees under the Employment Standards Act

Overtime

Overtime is payable after working 44 hours in a single work week. The employee is to be paid 1.5 times their regular pay for any hours worked past 44 hours. 

Vacation Time/Pay

An employee must be paid at least 4% of the total annual wages earned as vacation pay. They are also entitled to two weeks of vacation time within a 12-month period, after first completing one year of service. SPOILER ALERT: if you are receiving 4% vacation pay on each paycheque, your employer is not required to pay you while you are on vacation!

Public Holidays

Ontario has several public holidays. Employees are entitled to take these days off and continue to be paid. 

Termination Notice and Pay

In most situations, an employer must give advance written notice when they decide to terminate an employee. As an alternative to this written notice, employers may simply pay employees, the length of this notice. The amount will always vary and is to be gauged on a case by case basis. 

 

When an employer doesn’t live up to their obligations – In the event you feel as though your employer is not meeting their statutory obligations it is essential to contact a legal professional.

 

Note: Certain classes of Employees are not afforded protection under the Employment Standards Act. (i.e. unions)

This article is not to be construed as legal advice. You are encouraged to consult a professional.