Provincially Regulated Employees - Part 4: What Legislation Applies to You?

If your job did not fall under any of the “federally regulated” categories described in the first instalment of this six-part blog series educating workers about workplace rights and obligations, you are probably a “provincially regulated” employee, and the legislation which applies to you is the Employment Standards Act (“ESA”). The ESA contains the minimum guarantees and protections for you as a worker in Ontario but it is important to note there are many occupations which are exempt from ESA protection or which have “special” applicable rules.

If your job falls in the list below, most provisions in Employment Standards Act do not apply to you, with the exception of minimum wage and the termination provisions, which are still applicable.

Managers and supervisors
Farm workers
Crown employees
Fire fighters, Paramedics
Taxi drivers
Hunting and Fishing guides
Salespersons on commission (who sell away from employer’s office, incl. real estate salespeople or brokers)
“Category 1 Professionals” and students in these professions (information technology, engineers, lawyers, accountants, surveyors, massage therapists, optometrists, pharmacists, physiotherapists, chiropractors, doctors, psychologists and architects)

Minimum Wage
The General Minimum Wage in Ontario is $10.25 per hour but if you serve alcohol at a license establishment, you are entitled only to $8.90 per hour. The Student Minimum Wage, which applies to students under the age of 18 who work 28 hours a work or less when school is in session, during a break or the summer, is $9.60 per hour.

Finally, if you are a “Homeworker” and you are paid to do work in your own home (i.e. word processing, telephone soliciting, sewing, manufacturing or who prepare food for resale), the Employment Standards Act guarantees you 110% of the General Minimum Wage or $11.28 per hour.

Next instalment – Part 5: Your Basic Rights