TRAINING不付工资合法吗？
- 主题发起人 精灵精灵
- 开始时间
Are Unpaid Internships Legal in Ontario?
Here’s what you need to know: generally, if you perform work for another person or a company or other organization and you are not in business for yourself, you would be considered to be an employee, and therefore entitled to ESA rights such as the minimum wage. There are some exceptions, but they are very limited, and the fact that you are called an intern is not relevant.
One such circumstance where a person can work as an intern for no pay concerns a person receiving training, but it has very restrictive conditions. If an employer provides an intern with training in skills that are used by the employer's employees, the intern will generally also be considered to be an employee for purposes of the ESA unless all of the conditions below are met:
If someone performing work as an unpaid intern is unsure of whether he or she is excluded from theESA, he or she should call the Employment Standards Information Centre toll-free at 1-800-531-5551 for further information.
All information provided anonymously by third parties to the Employment Standards Information Centre about possible violations is passed to the appropriate Ministry staff for review and for possible proactive activity.
It is important to note that an individual who provides anonymous information to the ministry may not have anti-reprisal protection and would not have the right to an appeal if he or she was dissatisfied with the outcome of Ministry enforcement activity unless an order was issued on their behalf.
If you have additional questions about the ESA please call our Employment Standards Information Centre at 416-326-7160 or toll-free at 1-800-531-5551.
- Issued: June 2011
- Content last reviewed: March 2014
- See also: Young Workers
Here’s what you need to know: generally, if you perform work for another person or a company or other organization and you are not in business for yourself, you would be considered to be an employee, and therefore entitled to ESA rights such as the minimum wage. There are some exceptions, but they are very limited, and the fact that you are called an intern is not relevant.
One such circumstance where a person can work as an intern for no pay concerns a person receiving training, but it has very restrictive conditions. If an employer provides an intern with training in skills that are used by the employer's employees, the intern will generally also be considered to be an employee for purposes of the ESA unless all of the conditions below are met:
- The training is similar to that which is given in a vocational school.
- The training is for the benefit of the intern. You receive some benefit from the training, such as new knowledge or skills.
- The employer derives little, if any, benefit from the activity of the intern while he or she is being trained.
- Your training doesn't take someone else's job.
- Your employer isn't promising you a job at the end of your training.
- You have been told that you will not be paid for your time.
If someone performing work as an unpaid intern is unsure of whether he or she is excluded from theESA, he or she should call the Employment Standards Information Centre toll-free at 1-800-531-5551 for further information.
All information provided anonymously by third parties to the Employment Standards Information Centre about possible violations is passed to the appropriate Ministry staff for review and for possible proactive activity.
It is important to note that an individual who provides anonymous information to the ministry may not have anti-reprisal protection and would not have the right to an appeal if he or she was dissatisfied with the outcome of Ministry enforcement activity unless an order was issued on their behalf.
If you have additional questions about the ESA please call our Employment Standards Information Centre at 416-326-7160 or toll-free at 1-800-531-5551.
貌似是合法的。但是一旦training过后雇主打算雇佣这个人，那training的那10个小时要以最低工资的至少半归还给trainee
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annyInRain
资深人士
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给安省劳动局打个投诉电话，他们会来调查的，到时老板除了给钱还要付罚金。
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我打电话劳动局咨询了下，说不合法。可我替小留打电话给他老板，人说合法，说还有文件可以给我看，我打算这两天找时间去膜拜下，看看啥文件。就当科普了
