Employee Rights in Ontario — What Every Worker Needs to Know
As a worker in Ontario, you have strong legal protections — regardless of your immigration status, work permit type, or how long you have been in Canada.
Your Rights Under the Employment Standards Act (ESA)
The Employment Standards Act, 2000 (ESA) is Ontario's foundational employment law, setting minimum standards that apply to almost all employees working in the province — including temporary foreign workers, newcomers, and employees on work permits. Key ESA rights include: minimum wage (currently $17.60/hour for most workers, rising to $17.95 on October 1, 2026); hours of work limits (maximum 8 hours per day or 48 hours per week without written agreement); overtime pay at 1.5x your regular rate after 44 hours in a week; two weeks of paid vacation after each completed year of service (increasing to three weeks after 5 years); public holiday entitlements (9 public holidays per year, with premium pay or a substitute day if you work); job-protected leaves including pregnancy leave (17 weeks), parental leave (up to 61 weeks), sick leave (3 days), and bereavement leave; and termination notice or pay in lieu when your employment ends.
Rights Beyond the ESA — Common Law and Human Rights
The ESA sets floors, not ceilings. Many employees are entitled to significantly more than what the ESA requires. Under common law (judge-made law), most Ontario employees have the right to reasonable notice of termination — which is often substantially higher than ESA minimums and depends on factors like your age, length of service, and position. The Ontario Human Rights Code prohibits discrimination and harassment in employment on 17 protected grounds and applies separately from — and cumulatively with — the ESA. The Occupational Health and Safety Act requires employers to maintain a safe workplace, investigate workplace incidents, and have workplace violence and harassment policies. These protections apply equally to newcomers, immigrants, and Canadian-born workers. Your immigration status does not affect your employment law rights under Ontario law.
Common Rights Violations Affecting Newcomers
Newcomers and immigrants are disproportionately affected by certain types of employment law violations. Wage theft — being paid less than minimum wage, not receiving overtime, or having deductions taken that the ESA does not permit — is one of the most common violations. Employers sometimes exploit newcomers' unfamiliarity with Ontario law by offering below-standard terms, demanding unpaid "trial periods," or threatening immigration consequences if a worker asserts their rights. These tactics are illegal. Your employer cannot retaliate against you for asserting ESA rights — filing an ESA complaint is protected activity, and reprisals (demotion, reduced hours, termination) in response to asserting your rights are themselves ESA violations. You can file an ESA complaint with the Ministry of Labour even after your employment ends.
- Right to receive at least minimum wage ($17.60/hour, rising to $17.95 on October 1, 2026)
- Right to overtime pay at 1.5x after 44 hours per week
- Right to a safe workplace free from harassment and violence
- Right to not be discriminated against based on race, origin, citizenship, or religion
- Right to termination notice or pay when your employment ends
- Right to file an ESA or HRTO complaint without immigration consequences