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Youth Employment Rights
Transcript of Youth Employment Rights
Youth Employment Rights
BECAUSE IT'S THE LAW
Why is this Important
Young workers are often
vulnerable in situations that they are uneducated about. For example:
Knowing your rights gives you the tools to enforce them and advocate on your own behalf, and on behalf of others.
"ESA" stands for Employment Standards Act, 2000
These are the minimum standards that employers and employees must follow.
Does the ESA cover young workers?
What if an employer does not follow the ESA?
Date Hours Supervisors Signature
July 2 7.5 Mathew Chan
July 3 7.5 Mathew Chan
July 4 8 Mathew Chan
What is Minimum Wage?
Minimum wage is the lowest hourly rate an
employer can pay employees.
In Ontario the:
General minimum wage rate:
$10.25 per hour
Student minimum wage rate:
$9.60 per hour
Can an employer deduct the cost of a uniform, or other items, for an employee's pay?
Yes, deductions from an employee's wages can be made only if the employee agrees in writing to have a specified amount deducted.
How can I tell if I'm being payed correctly?
Employeers must keep detailed records of hours
worked, wages, and deductions. Ask your employer
for a copy of your pay stub or pay slip, and always keep
your own record of the hours you work.
*Note that some jobs are not eligible for overtime pay or lieu time.
In the alternative, an employee may take 1 and a half hours off of work, for each our of overtime worked. This is called lieu time.
Are young workers entitled to a lunch break or coffee break?
Yes! All workers are entitled to a 30 min eating
period once every day .
Meal breaks are unpaid unless the employment contract requires it!
No, your employer does not have to give you a coffee break.
If the employer and employee agree, the 30-minute eating period may be taken as two 15 min breaks within each five-consecutive-hour work period.
Are young workers entitled to be paid for public holidays?
Young workers are entitled to take the nine public holidays off, with
public holiday pay. However, an employee may not be entitled to take public
holidays off if they work in continuous operations, such as a hotel, hospital etc.
Public holiday pay is the total of the employee’s regular wages earned and vacation pay payable in the four weeks before the week in which the public holiday falls, divided by 20.
What if an employee agrees to work on a public holiday?
They are entitled to wages at their regular rate for the hours worked on the public holiday plus
a substitute day off with public holiday pay.
Are young workers entitled to vacation pay?
All workers are entitled to a minimum two weeks vacation, with pay, for each 12 month period of employment, starting from the date they are hired.
Vacation pay must be at least four per cent of the employee’s “gross” wages earned in the period for which the vacation is being given.
Gross wages are the money you earn based on your hourly or salary pay, before any taxes or other deductions have been taken out. If you make $10/hr and work for 40 hours, then your gross wages would be $400.
A young worker asks her employer if she will be paid at the student minimum wage, which she believes is $8.25 per hour. Her employer knows that the actual student minimum wage is $9.60 per hour, but replies, "yes, that is how much you will make."
Please research some resources:
Section 22, ESA
Section 33 (1)
Ontario Ministry of Labour
Young Workers Zone
Workers Action Center
Youth and Work
Justice for Children & Youth
The ESA requires employers to pay overtime at a rate of at least one and a half times the employee's regular rate of pay for each hour of work over 44 hours in a week
Section 23, ESA
Section 24 (1)
Section 20, ESA
New Year's Day Family Day Good Friday Victoris Day Canada Day Labour Day Thanksgiving Day Christmas Day Boxing Day
PUBLIC HOLIDAYS IN CANADA
Premium pay is 1½ times an employee's regular rate of pay. If an employee is entitled to receive premium pay for work on a public holiday, he or she must be paid 1½ times his or her regular rate of pay for each hour worked.
For example, Nathan's regular rate of pay is $10.00 an hour. This means that his premium pay will be $15.00 an hour ($10.00 × 1½).