r/remotework • u/random20190826 • 1h ago
[Ontario, Canada] I landed a remote job that pays less than minimum wage and will start training tomorrow. Is it career suicide to complain to HR about the illegal wage that I willingly accepted, even though actually getting fired is a slam dunk retaliation (ESA reprisals) case?
I spent my entire career so far working remote in the business process outsourcing industry (I was an interpreter for 8 years, got fired, spent 11 months unemployed, and got a customer service representative job that I officially started this past Monday but training starts tomorrow).
The commonality between the jobs is that both my former and current employers are companies controlled by people outside of Canada. At my former job, HR personnel was somewhere in South America while my manager was in the US. They did not pay severance after firing me, forcing me to sue them. At my new job, my manager is in the Philippines, and who knows where HR personnel is. The recruiter who gave me the offer is in El Salvador. But at this new job, I am facing a minimum wage issue.
For context, in Ontario, Canada, there is something called the homeworkers minimum wage under the Employment Standards Act (ESA). That is a minimum wage specifically for remote workers, which is why it is relevant to this sub. It is always 10% higher than the general minimum wage. The problem was that I applied for this customer service job, got an interview and got offered $16.58. I rejected the offer because I know it's illegal, as the general minimum wage is $17.95 and the homeworkers minimum wage is $19.70. It took them a week to come up with a $18.25 offer, which I accepted even though I know it's still illegal.
Now, the job post itself is logically inconsistent. It clearly states that it only hires people living in Quebec. But they posted the job under Toronto, Ontario. I repeatedly told them I live in Ontario during the entire process (from the initial application to the interview, to all the onboarding paperwork, including TD1 and TD1ON Personal Tax Credits Return for income tax withholdings) and they allowed me to proceed. Now that all onboarding paperwork is complete and a corporate laptop has been shipped to my address and I signed for it, I will start training tomorrow.
To be clear, the homeworkers minimum wage does not apply to independent contractors. I am obviously not an independent contractor because:
The company sent me a laptop
I will be assigned shifts
I have a manager
I have been enrolled in health insurance that is heavily subsidized (I only have to pay $120 a year in premiums, which likely means my employer is paying at least 90% of the premiums)
I joined a Registered Pension Plan (defined contribution pension plan) that is only available to employees of the company, where I contribute 6% of my pay and my employer contributes 3%
So, is it true that if I bring up the minimum wage issue as a newbie, it will likely put my job at risk? Section 74 of the ESA protects employees against reprisals. Is it better for me to wait until after October 1, 2027 (assuming I still work there) then talk about this issue (because everyone knows that minimum wage is definitely going up on that day, which could cause the $18.25 wage to fall below even the general minimum wage for all work completed after that date)? Of course, under both the ESA and the Limitations Act (i.e. Statute of Limitations), I have 2 years from the date of the first minimum wage violation to complain and get back all the back pay I am rightfully entitled to. But is it really safer to complain after I am established? It is important to note that nowhere in my employment contract did it say that, in the event of a layoff or dismissal without cause, that I am only entitled to the ESA statutory minimums, which means the company is likely liable for common law reasonable notice, just like my former employer was when I was fired. So, the longer I work at a company, the more expensive it is for them to get rid of me unless they can successfully prove, on a balance of probabilities, that I am dismissed due to intentional wrongdoing, in a court of law.