Your Rights as a Temp Agency Worker in Ontario

If a temp agency employs you in Ontario, you have the same basic rights under the Employment Standards Act as any other employee, plus a few rules written specifically for agency work. The agency is your employer. That means it must pay you at least minimum wage, pay vacation and public holiday pay, follow the overtime and rest rules, and never charge you a fee to find you work.

This guide explains your main rights as an assignment employee, what the agency must tell you, what happens if you want to be hired by the client and where to go if something is wrong. It is general information, not legal advice.

Who is your employer on a temp assignment?

In Ontario a temporary help agency employs you and assigns you to work for a client business. The client directs your daily work on site, but the agency is your employer for pay and for most of the employment rules. The Act calls you an “assignment employee”.

Your main rights

• Minimum wage. You must be paid at least the Ontario minimum wage for every hour worked. The rate changes each year, so check the current figure on ontario.ca.
• Overtime. Most employees must be paid one and a half times their regular rate after 44 hours of work in a week. Some jobs are exempt, so ask if you are unsure.
• Vacation pay. Vacation pay is at least 4% of your wages in your first five years with the same employer, and 6% after that.
• Public holiday pay. Ontario has nine public holidays a year. You get public holiday pay if you qualify, and you are paid a premium rate if you work on one.
• Rest. You are entitled to a break after five hours of work and time off between shifts. The Act sets an 11-hour rest each day and 8 hours between shifts, plus time off each week.
• The three-hour rule. If you are scheduled for a shift and it is cut short, you can be owed pay for at least three hours, subject to the conditions in the Act.
• No reprisals. An agency cannot punish you for asking about your rights or making a complaint.

Agency-specific rules

• No fees. An agency cannot charge you to register, to find you work or to help with your resume. See do temp agencies charge workers a fee.
• Written information. The agency has to give you written details about your assignment and about your rights as an assignment employee. Keep these papers, including the client’s name, your pay rate, your hours and where to report.
• No block on direct hire. An agency cannot stop you from taking a job with the client. The Act limits what an agency can charge the client for hiring you, especially after the first six months of an assignment. Ontario’s guide explains the current wording.

Health and safety

Under the Occupational Health and Safety Act you have the right to know about hazards, to take part in keeping the workplace safe and to refuse work you reasonably believe is unsafe. The client trains you on its site and equipment, and the agency has duties too. Report any injury straight away. Agency workers are covered through the agency’s workplace insurance with the WSIB.

What if you want to be hired by the client?

Many people use temp work as a way into a permanent job. The Act does not let an agency block that. If you want it, tell the agency and the client supervisor. Read is it worth going through a temp agency and how temp-to-hire works to see how the conversion normally happens.

What to do if something is wrong

1. Keep records. Save your pay stubs, schedules, texts and assignment papers.
2. Ask first. Many problems, like a missed hour or holiday pay, are errors that get fixed when you raise them in writing.
3. File a claim. If it is not fixed, you can file an Employment Standards claim with the Ministry of Labour. There are time limits, which are generally two years, so do not wait. Start at ontario.ca.
4. Do not pay anyone. If an agency asks for money to give you work, do not pay and report it.

How Supreme Employment works

We are paid by employers, never by workers. Registering, getting placed and help with your resume are free. Submit your resume, or look at jobs in Toronto, jobs in Brampton and jobs in Mississauga.

Common questions

Can a temp agency fire me without notice?

An assignment can end when the client no longer needs you. Termination and notice rules depend on how long you have worked and the circumstances, so check the Employment Standards guide or ask the Ministry of Labour.

Do temp workers get public holiday pay?

Yes, if they meet the conditions in the Act. The agency pays it as your employer.

Can I work for two agencies at once?

Yes, unless a specific agreement says otherwise. Make sure your shifts do not overlap and that you stay within safe working hours.

Who pays me when I am on assignment?

The agency pays your wages, even though the client directs your work on site.

This guide is general information, not legal advice. For your own situation, check ontario.ca or contact the Ministry of Labour.