Employment Standards Act - Glossary of Important Terms

Employment Standards Act - Glossary of Important Terms


  • Construction means the construction, renovation, repair or demolition of property or the alteration or improvement of land.
  • Conditions of employment means all matters and circumstances that in any way affect the employment relationship of employers and employees.
  • Day means a 24 hour period ending at midnight and 'working day' means a 24-hour period beginning at the start of an employee's shift.
  • Determination means any decision made by the Director or designate of the Director following an investigation under the Employment Standards Act. A determination may be appealed to the Employment Standards Tribunal.
  • Director means the Director of Employment Standards appointed under the Public Service Act and, in relation to a function, duty or power that the Director has, under Section 117 of this Act, delegated to another person, 'Director' means that person.
  • Domestic worker means a person who:
    • is employed at an employer's private residence to provide cooking, cleaning, child care or other prescribed services, and
    • resides at the employer's private residence.
  • Employee includes:
    • a person, including a deceased person, receiving or entitled to wages for work performed for another,
    • a person an employer allows, directly or indirectly, to perform work normally performed by an employee,
    • a person being trained by an employer for an employer's business,
    • a person on leave from an employer, and
    • a person who has a right of recall.
  • Employer includes a person:
    • who has or had control or direction of an employee, or
    • who is or was responsible, directly or indirectly, for the employment of an employee.
  • Employment year means a year beginning on a common date that is used by an employer to calculate family responsibility leave for all employees under Section 52 of the Act, so long as this does not result in a reduction of any employee's rights under that section.
  • Farm labour contractor means an employer whose employees work, for or under the control or direction of another person, in connection with the planting, cultivating or harvesting of an agricultural product.
  • Manager means:
    • a person whose principal employment responsibilities consist of supervising or directing, or both supervising and directing, human or other resources, or
    • a person employed in an executive capacity
  • Regular wage means:
    • if an employee is paid by the hour, the hourly wage,
    • if an employee is paid on a flat rate, piece rate, commission or other incentive basis, the employee's wages in a pay period divided by the employee's total hours of work during that period,
    • if an employee is paid a weekly wage, the weekly wage divided by the lesser of the employee's normal or average weekly hours of work,
    • if an employee is paid a monthly wage, the monthly wage multiplied by 12 divided by the product of 52 times the lesser of the employee's normal or average weekly hours of work, and
    • if the employee is paid a yearly wage, the yearly wage divided by the product of 52 times the lesser of the employee's normal or average weekly hours of work.
  • Time bank means a time bank established at the request of an employee to allow overtime and statutory holiday pay to be banked and taken as time off work with pay.
  • Wages includes:
    • salaries, commissions or money, paid or payable by an employer to an employee for work,
    • money that is paid or payable by an employer as an incentive and relates to hours of work, production or efficiency,
    • money, including the amount of any liability under Section 63, required to be paid by an employer to an employee under this Act,
    • money required to be paid in accordance with a determination or an order of the Tribunal, and
    • in Parts 10 and 11, money required under a contract of employment to be paid, for an employee's benefit, to a fund, insurer or other person,
    • but does not include:
      • gratuities,
      • money that is paid at the discretion of the employer and is not related to hours of work, production or efficiency,
        allowances or expenses, and
      • penalties.
  • Week means a period of 7 consecutive days beginning:
    • for the purpose of calculating overtime, on Sunday, and
    • for any other purpose, on any day.