Workers' Rights in Ontario

Why this matters for newcomers

Workers who are new to Canada — especially those on work permits, with precarious immigration status, or working in their first Canadian job — are the most likely targets of wage theft, unpaid overtime, unsafe work, and discrimination. Some employers count on you not knowing the rules, or being too scared to speak up.

You don't need to be a citizen or permanent resident to have rights at work in Ontario. The Employment Standards Act (ESA), the Occupational Health and Safety Act, and the Ontario Human Rights Code protect almost every worker in the province, regardless of status.

The Employment Standards Act (ESA) — your minimum rights

The ESA sets the floor for most jobs in Ontario. Your employer can pay more or give better benefits, but they can't go below these minimums.

Minimum wage

Ontario's general minimum wage is $17.60 per hour (October 1, 2025 – September 30, 2026), rising to $17.95 on October 1, 2026. The rate is adjusted every October based on inflation. Always check the official rate at ontario.ca/minimum-wage. Special minimum wages exist for students under 18, hunting and fishing guides, and some homeworkers.

Hours of work and overtime

After 44 hours in a week, most employees are entitled to overtime pay at 1.5× their regular rate (time-and-a-half). The 44-hour threshold is set by Ontario law — it doesn't matter what your contract says. Some jobs have different overtime rules; see the overtime pay guide.

Public holidays

Ontario has 9 statutory public holidays. Most employees get the day off with public-holiday pay, or premium pay if they work it.

• New Year's Day
• Family Day
• Good Friday
• Victoria Day
• Canada Day
• Labour Day
• Thanksgiving Day
• Christmas Day
• Boxing Day

Easter Sunday, Easter Monday, the August Civic Holiday, and Remembrance Day are not ESA-required holidays in Ontario, though some employers still give them off.

Vacation

• Less than 5 years with the same employer: 2 weeks of vacation, paid at 4% of gross wages.
• 5 or more years: 3 weeks of vacation, paid at 6% of gross wages.

Vacation pay must be paid out even if you don't take the time off — and it's required on every paycheque or in a lump sum.

Termination notice

If you've worked at least 3 months continuously and you're let go (without cause), your employer must give you written notice or pay in lieu of notice. The amount depends on length of service and is capped at 8 weeks:

• 3 months to 1 year — 1 week
• 1 to 3 years — 2 weeks
• 3 to 4 years — 3 weeks
• 4 to 5 years — 4 weeks
• 5 to 6 years — 5 weeks
• 6 to 7 years — 6 weeks
• 7 to 8 years — 7 weeks
• 8+ years — 8 weeks

Severance pay (separate from termination pay)

Severance pay is in addition to termination notice. You may be entitled to it if you've worked 5 or more years AND either your employer has a global payroll of $2.5 million or more, OR they're severing 50+ employees in a 6-month business closure. Severance is one week per year of service (plus partial-year credit), capped at 26 weeks.

Who's covered by the ESA — and who isn't

Most employees in Ontario are covered, but there are exceptions:

• Federally-regulated workers (banks, telecom, airlines, interprovincial trucking, postal services, federal Crown corporations) are covered by the federal Canada Labour Code instead — similar protections, different agency.
• Independent contractors have different rules. But beware: just calling someone a "contractor" doesn't make them one. The real nature of the relationship decides.
• Some farm workers, real-estate salespeople, and certain professionals have partial exemptions.

Health and safety at work

The Occupational Health and Safety Act gives every worker in Ontario three rights:

• Right to know about hazards in your workplace and how to handle them safely (training, WHMIS labels, safety data sheets).
• Right to participate in keeping the workplace safe — through a health and safety representative or joint committee.
• Right to refuse unsafe work if you have reason to believe it would endanger you. Your employer cannot legally fire, discipline, or punish you for refusing unsafe work.

To report unsafe work or a workplace injury anonymously, call the Ministry of Labour Health & Safety Contact Centre at 1-877-202-0008 (24/7).

If you get hurt at work — WSIB

The Workplace Safety and Insurance Board (WSIB) provides wage-loss benefits, healthcare coverage, and return-to-work support for injured workers. Most Ontario employers must register with WSIB, and coverage doesn't depend on your immigration status.

• Tell your employer about the injury right away.
• See a doctor and tell them it was a work injury.
• File a claim with WSIB within 6 months (call 1-800-387-0750 or file online at wsib.ca).

Discrimination at work — Ontario Human Rights Code

It's illegal for an employer to refuse to hire you, fire you, pay you less, or harass you because of:

• Race, ancestry, colour, place of origin, ethnic origin
• Citizenship
• Creed (religion)
• Sex (including pregnancy and breastfeeding)
• Sexual orientation, gender identity, gender expression
• Age (18+)
• Marital or family status
• Disability (including mental health)
• Record of offences (specifically in employment)

Complaints (called "applications") are filed with the Human Rights Tribunal of Ontario (HRTO), normally within 1 year of the incident. See our Anti-racism & human rights resources guide for step-by-step help.

Common issues newcomer workers face

Wage theft

Underpayment, paying cash with no records, withholding the final paycheque, "training" without pay, or charging you for uniforms or supplies. All illegal. Keep your own records — a notebook with dates, hours, and amounts paid is enough to start a claim.

Unpaid overtime

Even if your boss calls you a "manager" or a "supervisor," that doesn't automatically exempt you from overtime. The exemption only applies if you have genuine, meaningful managerial authority. If your daily work is the same as your team's, you're likely entitled to overtime.

No T4 slip

Employers must give you a T4 slip by February 28. If they refuse or have disappeared, contact the CRA — you can still file your taxes using your own pay records (paystubs, deposit history, a written log).

"Independent contractor" misclassification

Some employers label workers as independent contractors to dodge ESA rules, vacation pay, CPP/EI contributions, and termination notice. The label in your contract doesn't decide the question — the actual working relationship does (who controls your hours, who provides tools, whether you can work for others). If you suspect misclassification, the free resources below can review your situation.

Tied housing or employer-controlled accommodation

Common in agricultural, caregiving, and remote/camp work. The arrangement creates a power imbalance that some employers exploit. You still have full ESA, OHSA, and Human Rights Code protections.

Threats about your immigration status

It's illegal for an employer to threaten you with deportation, withhold your passport, or use your status to keep you silent. Your immigration status belongs to you, not your employer. Even if you're on a closed (employer-specific) work permit, you have options.

Open work permit for vulnerable workers

If you're being abused — or are at risk of abuse — by your current employer on a closed work permit, IRCC can issue an open work permit for vulnerable workers. The application fee is normally waived. Abuse can include physical, sexual, psychological, or financial mistreatment. Read the criteria at canada.ca/vulnerable-workers, and consider getting help from a community legal clinic before applying.

Where to get free help

Common pitfalls

• Waiting too long. ESA claims must usually be filed within 2 years; HRTO complaints within 1 year; WSIB injury claims within 6 months.
• Not keeping records. A simple notebook of dates, hours worked, and amounts paid (or unpaid) is often enough to win a claim.
• Signing a release without legal advice. Employers sometimes offer a small payment in exchange for signing away your right to file a claim. Get free advice before you sign.
• Assuming you can't complain because of your work permit. You can. Your status is separate from your employer.
• Letting fear win. Reprisal — being fired or threatened for asserting your rights — is itself illegal under both the ESA and the OHSA.

Last reviewed: April 2026. Workplace laws and minimum-wage rates change each year — confirm current figures on Ontario's ESA guide before relying on them. This page is general information, not legal advice.