Are there laws that protect workers?

There are different laws that protect workers in Ontario, but some of the most important laws are found in the Employment Standards Act (ESA). This Act sets certain standards and creates some guarantees for most employees in Ontario. However, the Act doesn’t apply to all employees, and in some cases, only some of the Act’s parts will apply. 

Some examples of employees who are not protected by the Act include:

• Self-employed people or independent contractors
• Incarcerated people taking part in work or rehabilitation programs
• Youth performing work as a part of a sentence or court order
• Those working in the Community Participation program through Ontario Works

Whether your client’s job is covered by the Employment Standards Act or not will change how they experience and address their employment-related civil legal issues. Remember that most employees in Ontario are covered by the Act, but if you or your client aren’t sure if their job is covered, a list of jobs and industries which are exempt from the Act or which have special rules can be found here. 

• If your client’s job is covered by the Employment Standards Act, they will have minimum standards and rules about the number of hours they work, the minimum wage they can be paid, and time off (including vacation time and holidays). They might also be protected by the common law (i.e., laws created by the courts) or other laws that protect workers like the Human Rights Code, the Ontario Occupational Health and Safety laws, and the Workplace Safety and Insurance laws, depending on what kind of issue they’re experiencing.
• If your client’s job isn’t covered by the Employment Standards Act, they might still be protected by the common law (i.e., laws created by the courts) or other laws that protect workers like the Human Rights Code, the Ontario Occupational Health and Safety laws, and the Workplace Safety and Insurance laws, depending on what kind of issue they’re experiencing.

Note: People who work in the federal sector (e.g., airports, First Nations band councils, etc.) will have similar but different rules apply to them. A list of federally regulated workplaces can be found here.

How You Can Help:

• Step 1: If your client isn’t sure whether the Employment Standards Act applies to them, point them to additional resources for more information.
• Step 2: If your client isn’t sure what their rights are at work, point them to additional resources for more information.