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PURSUITS 2011! - Business Education Council of Niagara

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Know your Rights<br />

How old do you have to be to get a job<br />

Just because you are a student, doesn’t mean you don’t have rights as<br />

an employee. As you begin to look for a job, remember to know your rights.<br />

Do you know what they are In Canada, children and youth under the age<br />

<strong>of</strong> 18 may work as long as it does not hurt their health, welfare, or safety<br />

or interfere with attending school.<br />

In Ontario, you must at least 14 years <strong>of</strong> age to work. The Employment<br />

Standards Act contains the basic rules about working in Ontario. It provides<br />

both employees and employers with the minimum standard for things such<br />

as minimum wage, termination pay, severance pay, giving notice, hours <strong>of</strong><br />

work, holidays, etc.<br />

At what age can I start to work<br />

In all workplaces, the minimum age requirements for working in Ontario include:<br />

• 18 years – window cleaning and liquor servers<br />

• 16 years – construction and logging operations<br />

• 15 years – factory operations, including restaurant kitchens, automotive service<br />

garages, produce and meat preparation or ship and receiving areas in grocery stores,<br />

laundries and warehouses<br />

• 14 years – all other workplaces, such as <strong>of</strong>fices, stores, arenas, restaurant serving areas<br />

What are the maximum hours I can work in a day<br />

Normal working limits for most employees in Ontario are 8 hours per day and 48 hours per week, unless an employer<br />

has otherwise established a regular work day longer than the 8 hours.<br />

How much can I expect to be paid<br />

Minimum wage is the lowest wage rate than an employer can pay for an employee. In Ontario, the hourly rates are:<br />

• $10.25 per hour – general hourly rate for students 18 and over (as <strong>of</strong> March 2010)<br />

• $9.60 per hour – Minimum wage rate for students under 18 working not more than 28 hours per week or less<br />

when in school or students employed during a school break or summer holidays (as <strong>of</strong> March 31, 2010)<br />

• $8.90 per hour – general hourly rate for liquor servers (must be at least 18 years <strong>of</strong> age to serve liquor)<br />

(as <strong>of</strong> March 31, 2010)<br />

When should I be paid<br />

Employers must establish a recurring pay period with a regular pay day for employees. The regular pay day could be bi-weekly,<br />

semi-monthly, monthly or any other specified period chosen by the employer. An employer has to pay all the wages earned in<br />

each pay period (except vacation pay that is accumulating) no later than the employee’s pay day for the period.<br />

What if I work overtime<br />

Most employees must be paid overtime pay after 44 hours <strong>of</strong> work each week. The overtime rate must be at least 1½ times the<br />

regular rate <strong>of</strong> pay.<br />

Do I get vacation time and pay<br />

Most employees earn at least 2 weeks <strong>of</strong> vacation time after every 12 months <strong>of</strong> employment. Employees are entitled to be paid<br />

at least 4% <strong>of</strong> their total wages earned as vacation pay.<br />

How long do I get for meals and c<strong>of</strong>fee breaks<br />

An employee cannot work more than 5 hours in a row without getting at least one-half hour (30 minute) meal break. Meal breaks<br />

are unpaid unless your employment contract or collective agreement states that meal breaks will be paid.<br />

It is up to the employer whether to <strong>of</strong>fer “c<strong>of</strong>fee breaks”. If an employer allows c<strong>of</strong>fee breaks or other rest periods and you are required<br />

to remain at the workplace during this time, the c<strong>of</strong>fee break must be paid for. If you are free to leave the workplace during<br />

your c<strong>of</strong>fee break, the employer doesn’t have to pay for that time.<br />

ADDITIONAL INFORMATION:<br />

For precise information and detailed explanations, including exceptions to the above standards, please refer to the following<br />

website: http://www.labour.gov.on.ca/english/es/ For additional information, contact the Ontario Ministry <strong>of</strong> Labour’s<br />

Employment Standards Information Centre at 416 326 7160 or 1 800 531 5551.<br />

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