Homeworkers: Guide to your rights in Ontario

What is a homeworker?

In Ontario, a homeworker is an employee who performs their work for an employer out of their own home, as opposed to an office or traditional workplace. Some examples of homeworker jobs include online researchers and telephone sales positions.

What is the difference between homeworkers and domestic workers?

There is a significant difference between homeworkers and domestic workers in Ontario:

• Homeworkers are paid to work out of their own homes for their employer
• Domestic workers do their work in a home for the person who owns or rents the residence. This type of worker may carry out roles such as housekeeping, cooking, or personal care for children, adults, the elderly. They may also provide assistance to ill, injured or disabled individuals.

What rights do homeworkers have in Ontario?

Ontario homeworkers have employment rights similar to employees working remotely or in an office or workplace, including:

• Severance pay
• Minimum wage
• Payment of wages at regular intervals
• Statements accompanying each pay period
• Written job details
• Hours of work protection (including break times)
• Overtime pay
• Vacation time and pay
• Public holidays
• Various job-protected leaves of absence
• Equal pay for equal work

What is the minimum wage for a homeworker in Ontario?

The minimum wage for homeworkers in Ontario is $18.20 per hour, and applies to both full-time and part-time workers. This rate increased from $17.05 per hour on October 1, 2023.

What job details should an employer give to a homeworker?

Ontario employers must inform homeworkers, in writing, of:

• The kind of work they are being paid to do, or a description of their role and duties.
• How much pay the homeworker will earn per hour in a regular work week, if they are paid by the hour.
• Where the homeworker is being paid based on the work they complete,
  • The amount of pay for each thing they make in a typical work week.
  • The number of things they need to complete by a certain date or time.
• An understanding of how they will calculate the homeworker’s pay if they are being paid on another basis.

Keeping records for a homeworker

Employers in Ontario must keep detailed records of the following:

• A written record of the homeworker, including their name and address
• Hours worked
• Pay and wages
• Deductions from wages

These records must be kept for three years after the homeworker has stopped working for the company.

Do homeworkers get severance pay?

Yes, homeworkers in Ontario are owed severance pay when they lose their job, are laid off or fired.

Full severance pay is calculated by looking at a person’s age, length of service and position, and can be as much as 24 months’ pay. You easily determine how much you may be entitled to by using the Severance Pay Calculator.

If you lose your job as a homeworker, don’t accept any severance offer until you have it reviewed by an Ontario employment lawyer at Samfiru Tumarkin LLP. Our experienced and respected Toronto employment lawyers and employment lawyers in Ottawa have helped tens of thousands of Canadians get the severance packages they are entitled to.