What is Wage Theft?
We know from our own experience that some employers don’t pay us for all the hours we work, or they don’t pay us the overtime, vacation, or public holiday pay we should get. Wage theft also happens when our bosses tell us that we are independent contractors but in reality we are employees.
We call this wage theft!
Workers are owed these unpaid wages regardless of immigration status or if we are paid in cash.
We know that the Ministry of Labour is supposed to enforce our rights and collect stolen wages. But over the last few years we have seen the number of workplace inspections go down, the number of fines against employers go down, and the amount of wages recovered for workers go down too. We have to hold the Ontario government and employers accountable for their failure to protect our hard earned wages.
That’s why we need:
- Stronger protections for workers who stand up for their rights at work
- More proactive enforcement of Ontario’s labour laws
- Harsher penalties actually used against employers who violate our rights
DID YOU KNOW?
The Employment Standards Act applies to all employees in Ontario.
Even if you are on probation, work part-time or through a temporary help agency, you have rights under the Employment Standards Act.
Even if you sign a contract agreeing to work below these standards, you cannot sign away these rights.
It is illegal for your employer to punish you for asking about your employment rights at work.
There are special rules that apply to some types of workers. Call the Workers’ Action Centre if you have questions about your specific situation: 1-855-531-0778 | 416-531-0778
TIPS FOR PROTECTING YOURSELF AT WORK
Only share your immigration status details with people you trust.
Your employer, recruiter or temp agency does not need to see your passport, and it is illegal for them to hold on to your passport, work visa, or any other important document.
You may need to provide your employer with an address where you can safely pick up your mail. That does not have to be the address of where you live, if you do not feel safe providing this information.
Keep your own records to help prove what wages you are owed, including:
- What you were paid and when
- Your hours of work
- The dates you worked
- Where you worked and what you did each day
Find out as much as you can about your employer, including:
- Their name, address, phone number and email
- Their license plate number
- Their company name and information (business address, business partners, etc.)
Keep records or take pictures of all your employment documents, including:
- Any contract you sign
- Your pay statements
- Cheques you received
- Any communications (texts, emails) that you have with your employer or supervisor
If you think your rights have been violated, please call us: 416-531-0778 | 1-855-531-0778
You can also file a claim for free at the Ministry of Labour: 1-800-531-5551 | www.labour.gov.on.ca
MINIMUM WAGE
General Minimum Wage: $17.20 per hour (going up on October 1, 2025)
Student Minimum Wage (under 18 years old, working less than 28 hours per week): $16.20 per hour (going up on October 1, 2025)
You must be paid at least minimum wage, even if you are paid in cash or do piece-work. There are a few exceptions but the general minimum wage applies to most workers.
HOURS OF WORK
Maximum Hours of Work: 8 hours per day / 48 hours per week.
Eating Break: at least 30 minutes unpaid (or 2 x 15 minutes) every 5 hours
Your employer can set a longer work day than 8 hours, as long as you are working less than 48 hours per week.
If your employer wants you to work longer, they must get your agreement in writing.
OVERTIME PAY
For most employees, after working 44 hours in one week, you should get 1.5 x your regular pay for every hour you work.
VACATION PAY
You should get 2 weeks of paid vacation time after working one year and 3 weeks of paid vacation time after 5 years.
Vacation time and vacation pay are different: Even if you do not qualify for vacation time in the first year of work, or do not take your vacation time, you are still entitled to your vacation pay, which is:
- 4% of all the wages you earn from the moment you start working for an employer; or
- After 5 years working for the same employer, 6% of all the wages you earn.
- Your employer may pay you vacation pay on every pay cheque, or they may pay it to you when you take your vacation.
PUBLIC HOLIDAY PAY:
There are 9 public holidays in Ontario: New Year’s Day, Family Day, Good Friday, Victoria Day, Canada Day, Labour Day, Thanksgiving, Christmas Day, Boxing Day.
Most employees receive the day off with pay. You must work your regularly scheduled shift before and after the holiday to qualify.
If you work on the public holiday you are supposed to be paid 1.5 x your regular pay for the day and your public holiday pay.