Updated October 2021
Workers’ Action Centre
416-531-0778
Toll Free: 1-855-531-0778
www.WorkersActionCentre.org
Are you a truck driver?
Facing Unfair Conditions on the Job?
Many truck drivers are dealing with poor
working conditions, illegal deductions and
pressure to work longer hours. We want to
make sure some common questions about
labour rights are answered in this fact sheet.
Please let us know if you need help! All calls
are confidential.
Are you covered by Ontario Labour
Laws or Federal Labour Laws?
If your company transports goods outside of
Ontario or Canada then you are most likely
covered by the Canada Labour Code which
is federal. But if your company only does
transportation within Ontario then you will
need to look at provincial labour rules for
your rights.
This factsheet has information mainly about
federal rules. If you only drive in Ontario,
please contact us to get more information
on your rights.
Are you an employee or independent
contractor?
Many trucking companies tell drivers that
they are an independent contractor and
NOT an employee.
Why is this so important for us? Well, it can
make a big difference in what rights you
have, what benefits you get, and what
protection you have under the law.
Employers might want you to be an
independent contractor so that they can
take illegal deductions off your paycheck
and not pay you the wage you should be
getting. Independent contractors don’t have
the same rights as employees under the
law. Only employees have the right to
vacation, public holidays, overtime pay and
much more.
Even if your boss misclassified you as an
independent contractor and you signed a
contract agreeing to this, you still have
rights. Contact us to find out what you can
do.
Hours of work and overtime
A highway driver cannot be required to drive
more than 13 hours a day or be on duty
more than 14 hours. You must get 8 hours
off between shifts.
Overtime pay must be paid for each hour
worked over 60 hours a week (1 and ½
times your regular rate of pay for each hour
of overtime). You can agree to take paid
time off instead of overtime pay, but you
must agree to it in writing.
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Updated October 2021
Workers’ Action Centre
416-531-0778
Toll Free: 1-855-531-0778
www.WorkersActionCentre.org
Minimum wage
The federal minimum wage will be $15
starting December 29, 2021. Even if you get
paid by the job or by kilometer, you still
must be paid at least minimum wage for
every hour worked.
The Ontario minimum wage is $14.35. If
your company is under provincial rules, you
must be paid at least minimum wage for
every hour worked.
Deductions
Many truck drivers get money taken from
their wages by their employer for things like
speeding tickets, damages to vehicles,
insurance payments etc. These are illegal
deductions IF you have not agreed to this.
Your employer must have your written
agreement in order to take a specific
amount of money from your wages. They
need this authorization every time they want
to take money. They cannot just make you
sign one agreement and apply it to every
pay cheque.
You do not have to sign this agreement by
your employment. It must be voluntary. If
your boss forced you to sign an agreement,
then it is not valid and you can fight to get
any illegal deductions paid back to you.
Vacation Time and Pay
Years of Employment
Vacation Time
Vacation Pay (for every dollar
earned)
Less than one year
0 weeks
4%
1 to 5 years
2 weeks
4%
6 to 10 years
3 weeks
6%
10 plus years
4 weeks
8%
Public Holiday Pay
There are 10 paid federal public holidays
per year. If you work on the holiday, you
should be paid public holiday pay plus paid
time and one-half of your regular rate of pay
for each hour worked. Or you could work
and receive public holiday and another paid
day off at another time. If you don’t work
during the public holiday, you should
receive public holiday pay.
New Year’s Day, Good Friday, Victoria Day,
Canada Day, Labour Day, National Day for
Truth & Reconciliation, Thanksgiving Day,
Remembrance Day, Christmas Day and
Boxing Day.
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Updated October 2021
Workers’ Action Centre
416-531-0778
Toll Free: 1-855-531-0778
www.WorkersActionCentre.org
Sick Leave
You should get up to 5 days of unpaid sick
leave each year. After 3 months of work, 3
of these days must be paid. The sick days
can be used for your illness or to take care
of a family member that is sick.
Termination Pay
If you are laid off or terminated from work,
then you should get two weeks’ notice or
pay in lieu of notice. This kicks in after 3
months of work.
Legally you do not have to give notice to
your boss that you are resigning. If you do
give notice and your employer stops giving
you work then they still owe you termination
pay.
Reprisal
It is illegal for your boss to fire or penalize
you for asking about or exercising your
rights. If this happens, keep copies of any
emails, texts, or other information that
shows your boss has penalized you.
Health & Safety
Right to know - your employer must let you
know about any dangers on the job and
provide proper information, training and
supervision to prevent any foreseeable
danger.
Right to participate- workplaces must have
a health and safety committee or rep that is
selected by employees.
Right to refuse - you have a right to refuse
unsafe work. Find out what you need to do if
this happens to you.
Workers’ Compensation
WSIB (Workplace Safety and Insurance
Board) is a compensation program that you
may access if you are injured or become ill
from work. Even if you are an independent
contractor, you may be eligible for WSIB if
you are injured on the job.
Let your doctor know that you were injured
at work and they can file a report for you.
Apply for WSIB as soon as possible after
the injury or illness.
PROTECT YOURSELF!
● Get a copy of your contract. Don’t sign it before you have a chance to review it.
● If an employer does not give you a contract, make sure the terms of your employment
are in writing somewhere and keep a copy (sample text: Hi Harpreet. I just want to
confirm that you will be paying me $23 an hour and that I will be getting 5 days of work
each week and 10 hours of work each day.).
● Keep your own record of the hours, dates and location where you worked, and any
problems that happen. Keep this record at home or on your personal cell phone.
● Keep records of any communication you have with your employer: texts, emails, phone
calls, letters, pay stubs and T4s.
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Updated October 2021
Workers’ Action Centre
416-531-0778
Toll Free: 1-855-531-0778
www.WorkersActionCentre.org
● If you get paid in cash, write down the dates and hours you worked, and how much you
have been paid. Keep copies of any email transfers, receipts from payday loan or cash
stores, or other evidence that shows your employer pays you. You may still qualify for EI
– apply as soon as you stop working.
● If you are injured or get sick at work, report the accident as soon as possible. Your boss
may try to convince you not to report an accident. If this happens, write down all the
details of what happened and call us for help.
● If you have been threatened or punished for asking about your rights, write down the
details of what happened and call us for help.
● Put any discussions of issues you have with the employer in writing (sample text: Hi
Bob, I am still waiting to get paid for July 15 to 30, 2021. I am owed $2,561. Please let
me know when I will get the money.).
● If you are owed money, don’t wait too long to get help.
What if your boss owes you money?
You can file a claim to get unpaid wages, illegal deductions and other violations of your rights
addressed.
Ontario Ministry of
Labour - provincial
rules
Federal Labour
Program - federal
rules
Small Claims Court
- federal or provincial
rules
How complicated?
easier
easier
complicated
Cost to file a claim
free
free
$100 to file, up to
$400+ for other fees.
How long does it take
6 to 9 months
6 to 9 months
1 to 3 years
Time limit to make a
claim from when
money is owed
2 years
6 months
2 years
HOW TO FIGHT FOR YOUR RIGHTS
You cannot be punished about asking for or exercising any of your rights at work. Please call
our Workers’ Rights Hotline at the Workers' Action Centre for more information about any issue
you have with your rights at work: 416-531-0778 | https://www.workersactioncentre.org/
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