What will surprise most is that the Ontario Employment Standards Act may stipulate a minimum of three hours pay for an employee even for a 30-second, after-work call. This is not a change to the law.
Can you be on-call without pay Ontario?
Answer: Generally, employers do not have to compensate employees for being on-call or on “stand-by” (terms commonly used interchangeably) if they do not perform any work.
Do you have to be paid on-call Canada?
11.1 An employer shall pay an employee who reports for work at the call of the employer wages for not less than three hours of work at the employee’s regular rate of wages, whether or not the employee is called on to perform any work after so reporting for work.
Do you get paid for working on-call?
2 (Although any time they spend answering calls would most likely be considered work time.) When employees make themselves available in their actual office or workplace for on-call assignments, employers must pay them for the time they spend there.
Are on-call shifts Legal Ontario?
On-call pay rules
Employers will not be required to pay wages for three hours for an on-call shift if the employee is on call to ensure the continued delivery of essential public services, regardless of who delivers those services and the employee was not required to work.
What is the 3 hour rule in Ontario?
According to the 3 hour rule Ontario upholds, employers must pay regularly working employees for three hours even if they worked less time. In order to qualify, an employee must put in regular minimum hours of work as per their contract or employment agreement.
What is the difference between standby and on call?
You receive your regular straight time wages for the whole time that you are on stand-by status. If you are “on-call” outside of your regular working time, it means you must be available to work, but unless you have to work, you are not subject to any restrictions on the use of your time.
How does on-call work in Ontario?
On-call pay — Three-hour minimum pay: Employees who are “on-call” and not called into work, or who are called into work but work less than three hours, must be paid three hours pay. Only one three-hour minimum applies to all on-call scenarios which may occur during a 24-hour period.
Is on-call working time?
On-call (or ‘standby’) employees are those expected to be available for work outside of their regular hours, sometimes at short notice. The employee is entitled to the same breaks as everyone else if they need to be available for work during this time. For example, they’re checking emails or responding to phone calls.
Can I refuse to work on-call?
You employer might ask you to work ‘on call’, also known as ‘on standby’, outside your usual working hours. You only have to work on call if it’s in your contract. If your employer asks you to stay at your workplace and you have to be available to work when they ask, all the time you’re on call counts as working time.
Should I be paid for being on standby?
If your employer provides sleeping accommodation for you at or near your work, you must be paid for any time you spend working while using these facilities. You can still be working even if you are asleep.
What is an on-call allowance?
On Call Allowance – Any 24 Hour Period Or Part Thereof When On Call Between The Time Of Finishing Ordinary Duty On Monday To The Time Of Finishing Ordinary Duty On Friday.
How do you calculate on-call pay?
On-call pay is calculated at a rate of one hour for every 12 hours that an employee is on-call (maximum of 24 hours), rounded to the nearest two decimal points. If an employee works during the on-call period, then the hours that the employee works is deducted from the on-call hours for which the employee is on-call.
Can work call you on your day off Ontario?
Ontario just passed a law making it illegal for bosses to bug their employees after-hours. The provincial government passed the Working for Workers Act, 2021, which was first proposed in October.
Can you refuse to work on Sundays in Ontario?
If an employee has agreed to work on Sundays, whether or not the agreement was made when they were hired, the employee can later decline to work on a Sunday by giving the employer at least 48 hours’ notice before the employee’s work was to begin.
Are 15 minute breaks paid in Ontario?
Employees may have additional breaks (often 15-minute ‘coffee breaks’) written into their employment contract. If extra breaks are outlined in your contract then this allotment is binding. However, if the employee must remain at their place of work for these additional breaks, the breaks must be paid.
Is your boss allowed to text you after hours?
Legally, unless you operate in one of the few countries that have already made it illegal, you can text your employees during, before, and after business hours. But before you do, a note of caution: Do it only in an emergency. For managers, try putting yourself in your employee’s shoes for a moment.
What is the shortest shift you can legally work in Ontario?
Generally, there are no rules about the minimum hours of work in Ontario. The Employment Standards Act only protects against maximum hours. An employer can force you to work one minute a day if it so chooses.
Do I have to give 2 weeks notice Ontario?
Reasonable Notice of Resignation
Common law in Canada requires you to give an employer “reasonable” notice of resignation, which may depend on factors such as your role and place in the hierarchy of the company. Two weeks notice is the norm, but under common law, this is not an expressly required amount of time.
What does being on standby at work mean?
Standby duty means that an employee is assigned to specific hours outside the normal workweek assignment, during which the employee must remain where such employee can be contacted by telephone, ready for immediate return to work to perform an essential service.
What is call out on payslip?
Standby or on-call allowances are payments made to workers or employees who are asked to be available for work outside their normal hours. The employer pays the allowance irrespective of whether or not the employee is called in to work.