Employment standards are minimum entitlements for employees
(what you should receive) and minimum obligations of employers
(what they should give you).
For example: eligible employees are entitled to be paid at least 4 per cent of the gross wages they earn (excluding vacation pay) as vacation pay.
An employee cannot agree to waive or give up his or her rights under the ESA (for example, the right to vacation pay).
However, some of the minimum standards permit an employer and employee to agree to a "different" entitlement or right. For example, an employee is allowed to agree in writing to take time off work in lieu of overtime pay, under certain conditions. See Written agreements and
Overtime pay for more information.
- What is an employment standard?
- Do employment standards involve how much money I should be paid at work?
- What do minimum standards mean for my job?
- If my employer gives me more than the minimum standard, can he or she change
his or her mind and give me the minimum standard?
- What if my employer does not comply with the minimum standards?
- Can I see the ESA?
| What is an employment standard? |
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An employment standard imposes an obligation on an employer and provides a corresponding benefit to an employee as a basic term of the contract of employment.
| Do employment standards involve how much money I should be paid at work? |
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Employment standards can be about money that you are entitled to be paid or about other employee rights such as vacation time, leaves of absence and limits on the hours an employee can be required to work.
| What do minimum standards mean for my job? |
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Generally, under the ESA and its regulations, employers have obligations such as paying
wages, not requiring or allowing employees to work more than a certain number of hours of work, providing vacation time, providing vacation pay, permitting personal emergency leave, giving notice of termination or termination pay in lieu of notice.
Minimum standards mean that, if you are covered by the ESA your employer is required to give you no less than the minimum benefits under the ESA. For example, if you are an employee who does not fall into a category that is exempt from the minimum wage or vacation with pay requirements or that has special rules regarding minimum wage or vacation with pay, your employer is required to give you no less than the minimum wage, and no less than 4 per cent of your gross wages as vacation pay.
| If my employer gives me more than the minimum standard, can he or she change
his or her mind and give me the minimum standard? |
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The ESA recognizes that if your employer has given you greater benefits under an employment contract or collective agreement, the greater benefits prevail over the minimum standards requirements established by the ESA. (However, this does not mean that the employer can never reduce the greater benefit at some future date.)
| What if my employer does not comply with the minimum standards? |
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If you believe that your employer has not complied with the minimum standards under the ESA,
you should try to discuss the matter with your employer or your union representative, if there is one.
What if I think my employer is not following the ESA?
| Can I see the ESA? |
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Employment Standards Act, 2000
| Resources |
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