Most jobs require some training for the employee to get up to speed. This can be anything from learning policies and procedures to intensive education on complicated machinery or other processes.
Does an employer need to pay an employee during training time?
The commonality is that under the Ontario Employment Standards Act, 2000 (ESA), employers must compensate employees for this training the same way they would pay them for doing their jobs, if the training is necessary to be able to perform the employee’s job duties. This means onboarding, shadowing, “training shifts,” and any mandatory courses must be compensated.
Are there exceptions to when an employer must pay an employee for training time?
Additionally, some industries have exemptions for certain provisions of the ESA, including paid training. An example is co-op students participating in authorized programs, who are not covered by this ESA requirement for paid training.
What should you do if you are asked to perform unpaid training?
Employees who are asked to perform unpaid training are eligible to make a complaint about unpaid wages at the Ministry of Labour. The ESA requires that employers compensate employees for training at least at the statutory minimum wage. However, if an employee has a set wage, and their employer fails to compensate them for training time, the employee would be able to claim unpaid wages at their normal rate.
Additionally, employers are prohibited from retaliating against employees who refuse to participate in training without compensation and can face sanctions from the Ministry of Labour for doing so.
How can Whitten and Lublin help?
Employees being asked to perform unpaid training are often in a difficult and vulnerable position, especially if it is at the very beginning of their employment. Talking to an experienced employment lawyer can be essential in navigating these situations. Whitten & Lublin is here to assist you. Contact us online or by phone at (416) 640-2667.
