IX. Retail Workers
There are certain rights in the Employment Standards Act, 2000 (ESA) that apply only to employees of most retail businesses (see Exclusions). A retail business is a business that sells goods or services to the public.
The Right to Refuse to Work on Public Holidays
Most employees of a retail business have the right to refuse to work on a public holiday even if the employee does not qualify for the public holiday.
If an employee has agreed in writing to work on a public holiday, the employee can later decline to work on that day by giving the employer at least 48 hours' notice before the employee's work on the public holiday was to begin.
The Right to Refuse to Work on Sundays
There are two sets of rules for employees of retail businesses. The rule that applies depends on whether the employee was hired before or after September 4, 2001.
Sunday Rules for Employees Hired Before September 4, 2001
An employee of a retail business who was hired before September 4, 2001 has the right to refuse to work on Sundays.
If an employee has agreed to work on Sundays, whether or not the agreement was made when he or she was hired, the employee can later decline to work on a Sunday by giving the employer at least 48 hours' notice before the employee's work was to begin.
Sunday Rules for Employees Hired On or After September 4, 2001
An employee of a retail business who was hired on or after September 4, 2001 has the right to refuse to work on Sundays unless the employee agreed in writing at the time of being hired to work on Sundays.
Note that an employer cannot make an agreement to work on Sundays a condition of hire if doing so would violated the Human Rights Code. (Contact the Ontario Human Rights Commission for further information.)
If an employee did agree in writing at the time of being hired to work on Sundays, he or she can later decline to work on Sundays for reasons of religious belief or religious observance by giving the employer at least 48 hours' notice before the employee's work was to begin.
In addition, such an employee would be entitled to refuse to work on a specific Sunday if that Sunday was a public holiday. The employee in that case would be exercising the right to refuse to work on a public holiday. The employee would be required to give the employer at least 48 hours' notice before the employee's work was to begin.
An employee who did not agree in writing at the time of being hired to work on Sundays may agree at some later point to work on Sundays or on a particular Sunday. In that case, the employee could subsequently decline to work the Sunday(s) by giving the employer at least 48 hours' notice before the employee's work was to begin.
No Reprisals
An employee cannot be dismissed, intimidated or penalized in any way for exercising his or her rights under this section.
Exclusions
Retail businesses are excluded from these provisions if their main business is to:
- sell prepared meals (e.g., restaurants, cafeterias, cafés);
- rent living accommodations (e.g., hotels, tourist resorts, camps, inns);
- provide educational, recreational or amusement services to the public (e.g., museums, art galleries, sports stadiums, theatres, bars, nightclubs);
- sell goods and services that are secondary to the businesses described above and are located on the same premises (e.g., museum gift shops, souvenir shops in sports stadiums).
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