Do Contract Workers Get Stat Pay in Ontario?
As a contract worker, it’s important to know your rights when it comes to statutory holidays in Ontario. Statutory holidays, also known as “stat” holidays, are days that are recognized as national holidays in Canada. These days include New Year’s Day, Family Day, Victoria Day, Canada Day, Labour Day, Thanksgiving Day, Christmas Day, and Boxing Day. But do contract workers get paid for these holidays?
In Ontario, the answer is yes and no. The Employment Standards Act, 2000 (ESA) sets out the minimum standards that protect workers in Ontario. According to the ESA, most employees are entitled to paid statutory holidays. However, the act does not apply to all workers in the same way.
Employees who work for an employer on a regular basis are typically eligible for stat pay. This means that if you work for an employer full-time or part-time, and you have a regular schedule, you are entitled to stat pay. However, contract workers are not always eligible for stat pay.
Contract workers are hired on a temporary or project basis and often work for multiple employers. They are not considered to be “employees” under the ESA and therefore do not have the same entitlements as employees. However, some contract workers may still be eligible for stat pay if they meet certain criteria.
To be eligible for stat pay, a contract worker must have a contract with an employer that provides for the payment of stat pay. If the contract does not provide for stat pay, then the contract worker is not entitled to it. Additionally, the contract worker must have worked for the employer for at least 15 of the 30 days before the holiday. If the contract worker does not meet these criteria, they are not entitled to stat pay.
It’s important to note that even if a contract worker is not entitled to stat pay, they may still be entitled to holiday pay. Holiday pay is calculated as 4% of the contract worker’s gross earnings in the pay period before the holiday. This is paid to the contract worker even if they do not work on the holiday.
In conclusion, contract workers in Ontario may or may not be entitled to stat pay depending on their contract and work history with their employer. It’s important to review your contract carefully to understand your entitlements. If you are unsure about your entitlements or believe that you are being unfairly denied stat pay, you may wish to seek legal advice.