Domestic Workers and the Employment Standards Act, 2000
The Employment Standards Act, 2000 (ESA), sets out the basic workplace rights of most employees in Ontario. Employers are required to act in accordance with these rights.
However, depending on the job you perform, you may be subject to special rules and/or exemptions. Work performed by Domestic Workers is one such example. In this article, we outline the rights of individuals employed as domestic Workers.
What is a Domestic Worker?
In Ontario, the term “Domestic Worker” has a specific legal meaning.
An employee is a Domestic Worker if they work in their employer’s home to provide services and/or to care for children, seniors, or disabled members of the household. For example, a person employed in a household to cook and clean as well as look after children would be a Domestic Worker.
Most Domestic Workers live in the same home as their employer. However, you don’t have to live with your employer in order to be a Domestic Worker.
Domestic Worker Rights Under the ESA
The rights contained within the ESA apply to Domestic Workers. For example, Domestic Workers are entitled to the following:
- Minimum wage
- Regular payment of wages
- Rest periods
- Overtime pay
- Vacation with pay
- Pregnancy and Parental Leave
- Sick Leave
- Termination Pay
Special Rules for Domestic Workers
There are special rules that may apply to Domestic Workers where an employer provides room and/or board (i.e. meals) to a Domestic Worker.
Domestic Workers are entitled to receive minimum wage. However, an employer can give a Domestic Worker part of their wages in the form of food or a place to live. Employers must still pay minimum wage if they do this, but they can count the food and housing provided as part of the money a Domestic Worker is owed in wages.
However, there are limits to the amount an employer can charge a Domestic Worker for food and housing:
- If an employer provides a Domestic Worker with a private room, they can count $31.70/week towards the total wages owed
- If an employer provides a Domestic Worker with food, they can count $2.55/meal but not more than $53.55/week towards the total wages owed
- If an employer provides a Domestic Worker with a private room and food, they can count $85.25/week towards the total wages owed
Employers have a legal obligation to provide Domestic Workers with pay statements. Where amounts are deducted from an employee’s pay for housing and food, an employer must include these amounts in your pay statement.
Navigating your legal rights as a Domestic Worker can be difficult. If you have questions about your legal rights at work, please contact us.
This is legal information and not legal advice. If you need further information or need legal advice, please call our Intake Line at 416-441-1764 ext. 1 or complete our online Intake Form.