As a student have you ever had questions about your job but did not know whom to ask or did not feel comfortable asking?
Are you an employer or supervisor who has students working for your organization?
Students and new people in the workforce sometimes do not know what or who to ask, they can be nervous and worried about losing their jobs. For students and employers, it is important to deal with these questions and issues.
Unfortunately, many students do not ask, and many employers do not explain things well or assume the students know.
STUDENTS HAVE RIGHTS.
Ontario’s EMPLOYMENT STANDARDS ACT* (ESA) covers most people working in the province, including students. Employers should review the ESA with all new associates and ensure that their new employee understands their rights. The ESA website is easy to access and is very self-explanatory; in addition, the “contact us” feature allows employees to ask questions. The ONTARIO MINISTRY OF LABOUR is also a great resource, that is their job and you will not get into trouble calling with a question.
(* All other provinces and states have similar legislation and websites)
DON’T WORRY THAT YOU DON’T KNOW WHAT YOU DON’T KNOW
A first job, a promotion at an existing job, new situations, and new pressures can all feel overwhelming. There are no reasons for you to feel bad about things that you have never experienced before. Know that there are resources available and people who will help.
SALARY & WAGES.
A salary is a flat amount that you will be paid for a job regardless of the number of hours worked. A wage is typically an hourly rate, most students will be paid the student minimum wage, if you are over 18, then you should automatically be paid the adult minimum wage. In the interview, if the employer does not tell you how many hours they expect or what the wage is, ensure that you ask.
Tips or gratuities are earned on top of your wage. If you are a server, ask for the organization’s policy on tips in writing, reputable employers will provide that information.
DO I HAVE TO PAY FOR A MISTAKE?
Employers cannot make deductions from their employees to cover things like spillage, breakage, losses or damage, etc.
OVERTIME AND SCHEDULE CHANGES
If you work more than 44 hours in a week, you are entitled to overtime*. You can choose to bank extra hours that you work, but they should be at “time and a half.” Contact the Ministry of Labour if you have any questions. Questions can be asked anonymously.
(*some individuals and jobs are not eligible for overtime, such as pool installers and/or maintenance workers; landscape gardeners; growers and transporters of sod; but always ask the Ministry of Labour.)
You have the right to refuse to work more than 8 hours a day without penalty. Your employer must have a written agreement with you for shifts that are longer than 8 hours.
Reputable employers will advise you about schedule changes; however, ESA does not include provisions regulating the scheduling of work by employers. Therefore, no provision requires an employer to provide advance notice of shift schedules or last-minute changes to existing schedules.
SCHOOL & WORK
As a student, school should be your priority. Most employers appreciate and understand the importance of this fact. Ensure that your employer is advised well in advance about exams, presentations, and field trips so they can plan accordingly.
DANGEROUS WORK ENVIRONMENTS
As a student or new associate, you are frequently the most likely to be injured on the job. Never operate equipment or tools if you have not received the proper training. Other dangerous situations include being left alone in a department or store. Students should have training and procedures for handling difficult people as well as protection for closing. Ask to speak to the Health and Safety Representative for your organization when you have questions.
HARASSMENT/VIOLENCE
In Ontario, the ONTARIO WORKPLACE VIOLENCE & HARASSMENT ACT protects everyone from inappropriate comments, harassment, and threats. All workplaces in Ontario are legislated to have a written policy in place and posted. If your employer cannot or will not help then contact the Ministry of Labour.
CALLING IN SICK
If you cannot come to work due to illness, call your employer as soon as possible. Speak to the person in charge. If they insist or threaten you, call the Ministry of Labour and ask them for their advice. Some employers may insist that you have to find your replacement when you are ill, in my opinion, this is an unfair requirement to put on a student, and I would contact the Ministry of Labour for their advice.
You may be required to provide a doctor’s note if requested by your employer. Contact your family doctor and request a note, your doctor will usually charge for this service.
STAT HOLIDAYS.
Depending on the jurisdiction, most employees are entitled to take the following public holidays off with public holiday pay: New Year’s Day; Family Day; Good Friday; Victoria Day; Canada Day; Labour Day; Thanksgiving Day; Christmas Day, and Boxing Day.
Check out the Employment Standards act for an explanation of how your pay should be calculated.
There are special rules about substitute days off and pay for work performed on a public holiday. Generally, to qualify, you have to work your last regularly scheduled shift before the holiday and the entire next shift after the holiday. If you agree to work on a statutory holiday that is not your regular day to work then you are entitled to be paid premium holiday pay (time and a half) for every hour you work on the holiday.
BREAKS
Most employees may not work longer than five hours in a row without getting a 30-minute eating period. If the employer and employee agree, the 30-minute eating period may be taken as two breaks within each five-consecutive-hour work period. Meal breaks are normally unpaid, and interestingly employers do not have to give “coffee” breaks or any other kind of break other than the meal break in Ontario.
SENT HOME EARLY
Usually, an employer must pay for a minimum of three hours at the employee’s regular rate of pay. This three-hour rule generally applies to students, including students over 18 years of age; however, the three-hour rule does not apply to students who work: at a children’s camp, provide instruction to or are supervising children, or work in a recreational program run by a charity.
VACATION PAY
Most employees are entitled to a minimum of two weeks of vacation with pay after every 12 months of employment. Many employers simply add 4% (the equivalent of 2 weeks’ holidays) vacation pay onto each pay. Your employer may include this “vacation pay” on each pay or hold the amount until you take your vacation.
DRESS CODES
Your employer is responsible for making decisions about dress codes, uniforms, and other clothing requirements. However, a dress code cannot violate a collective agreement, THE ONTARIO HUMAN RIGHTS CODE or the ONTARIO OCCUPATIONAL HEALTH & SAFETY ACT.
WASHROOMS
Employers are required to have washroom facilities, with a separate washroom for women to use or to have reasonable access to public washrooms.
WAGE THEFT
If your employer says your shift ends at 5 p.m., but you are supposed to stay and clean for an additional 15 for 20 minutes you must be paid for that time.
If you are expected to attend training on your own time, your employer must pay you at least minimum wage (plus overtime, if applicable). This includes everything from job shadowing on your first day to learning how to operate a new piece of machinery in your fifth year. There are some exceptions, contact the Ministry of Labour and ask about specific circumstances.
NOTICE
After working for an employer continuously for three months, most employees must receive advance notice in writing and/or termination pay when their employer ends their employment. The amount of notice depends on how long they have worked:
- Three months or more but less than one year, one week’s notice must be given.
- One year or more but less than three years, two weeks’ notice must be given.
- After three years, one weeks’ notice must be given for each year worked, to a maximum of eight weeks.
- If an employee has been with an employer for at least five years, they may also be entitled to receive severance pay upon termination of employment
- Some employers will give you “pay in lieu” of notice instead of having you work during the notice period.
IF SOMETHING SEEMS WRONG
If you think your employer is not complying with the ESA, call the Employment Standards Information Centre at 416-326-7160 or toll-free 1-800-531-5551 for more information about the ESA and how to file a complaint.
An employment standards officer who can make orders against an employer investigates complaints.
Employees, including Students, cannot be penalized in any way for:
- Asking their employer to comply with the ESA;
- Asking questions about rights under the ESA;
- Filing a complaint under the ESA;
- Exercising or trying to exercise a right under the ESA;
- Giving information to an employment standards officer;
- Taking, planning on taking, being eligible or being in a position to become eligible to take a sick, family responsibility, bereavement, family caregiver, family medical, critical illness, parental, pregnancy, reservist, organ donor, domestic or sexual violence, child death or crime-related child disappearance leave;
If an employee believes they have been penalized, or the employer has threatened to penalize the employee for any of the above reasons, the employee may file a claim with the Ministry.
Most students are working to have extra money, to pay for school and to help with family expenses; it is difficult enough to balance that with school and social life. Extra stress or anxiety caused by unexpected issues at work can make that balance untenable.
If you have a question about your job, ask your supervisor or employer. The vast majority of employers are excellent to their employees; however, if you are unsure, check out the resources linked in this post. If something seems wrong to you, trust your instincts and ask for assistance.
Good luck,
Paul.