Short answer: Most workers in Canada are covered by the employment standards law of the province or territory where they work. It sets minimums for wages, hours, overtime, vacation, public holidays, leaves and notice of termination. An employer may offer more, but not less.
Which law applies to you?
Roughly nine in ten employees fall under provincial or territorial rules. The rest work in federally regulated industries such as banks, airlines, telecommunications, and trucking, rail or shipping that crosses provincial borders, and are covered by the Canada Labour Code. The exact numbers below differ by jurisdiction, so always check your own province’s rules.
What do employment standards cover?
- Minimum wage: set by each province and territory and reviewed regularly.
- Hours and overtime: overtime pay, commonly at one and a half times your rate, after a set number of hours in a day or week.
- Breaks: a meal break after a certain number of hours.
- Vacation: at least two weeks a year in most provinces after a year of work, with vacation pay.
- Public holidays: a paid day off or premium pay for working on listed holidays.
- Leaves: job-protected time off for reasons such as pregnancy, parental care, illness and bereavement.
- Termination: written notice or pay in place of notice, increasing with length of service.
Who is not fully covered?
Independent contractors are outside these laws, and some occupations, such as certain professionals, managers and farm workers, have partial exemptions. If you are called a contractor but work like an employee, you may still be covered; see employee versus contractor.
What other protections exist?
- Health and safety: the right to know about hazards, to take part in safety matters, and to refuse unsafe work.
- Human rights: protection from discrimination and harassment.
- Workers’ compensation: coverage if you are injured on the job.
What should you do if your rights are not respected?
- Keep records: schedules, pay stubs, messages.
- Raise the issue with your employer in writing.
- If that does not work, file a complaint with your provincial employment standards office. It is free, and there are time limits, so do not wait.
An employer is not allowed to punish you for asking about your rights or making a complaint.
This is general information, not legal advice. For how the figures appear on your pay, see how to read a pay stub.
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