Understanding Employment Law for Office Cleaners: Ontario vs. Alberta

Eva Vergis
Jul 22
7 min read

Updated: Aug 11

Office cleaners play a crucial role in maintaining hygienic and professional workplaces. Yet, despite their importance, many cleaners are unaware of their rights and responsibilities under employment law. Understanding these laws not only helps cleaners protect themselves but also ensures that employers uphold fair labor standards. Whether you're working independently, as part of a cleaning company, or through a contractor, this guide will help you navigate employment law in Canada—especially relevant for those in cities like Calgary and Ontario.

An Article from Our Guest Writer

Why Employment Law Matters

Employment laws exist to protect workers from exploitation and ensure they work in safe, fair, and equitable environments. These laws regulate everything from minimum wage and overtime pay to health and safety, rest breaks, termination notice, and human rights protections. Cleaners—often working long hours or outside normal business times—may be vulnerable to unfair conditions without this legal framework.

Employee vs. Independent Contractor

One of the first distinctions to understand is whether you are considered an employee or an independent contractor. This classification determines which protections you are entitled to.

Employees are entitled to minimum wage, vacation pay, statutory holiday pay, Employment Insurance (EI), and Workers' Compensation.
Independent Contractors operate their own business and negotiate their own terms. They’re not entitled to the same statutory benefits and protections as employees.

Unfortunately, misclassification is common in the cleaning industry. Employers may label workers as contractors to avoid paying benefits or following labor regulations. If you’re told you’re a contractor but don’t set your own hours or supply your own tools, you may actually be an employee under the law. You might want to contact an experienced lawyer for employee rights.

Minimum Wage and Overtime Rules

In Alberta, as of 2025, the minimum wage remains at $15 per hour. All office cleaners classified as employees must be paid at least this amount. Overtime kicks in after 8 hours in a day or 44 hours in a week, and must be paid at 1.5 times your regular rate.

For example, if you clean an office from 6 p.m. to 2 a.m. (8 hours), five days a week, your employer must pay overtime for any hours exceeding 44 per week. Be sure to keep accurate records of your hours worked—this can serve as vital proof in case of a dispute.

Rest Periods and Breaks

Under Alberta’s Employment Standards Code:

A 30-minute unpaid break must be provided every 5 hours.
A rest period of at least 8 hours is required between shifts.
A weekly day of rest (at least one day off every 7 days) is mandated.

If you’re regularly denied breaks or forced to work back-to-back shifts, this could be a violation of employment law.

Vacation and Holiday Entitlements

Cleaners who have worked for the same employer for more than 12 months are entitled to at least 2 weeks of paid vacation (or 4% vacation pay if vacation isn’t taken). After 5 years, this increases to 3 weeks.

Additionally, employees are entitled to statutory holiday pay for days like New Year’s Day, Canada Day, and Christmas. If you work on a stat holiday, you should receive 1.5 times your regular pay, plus a day off with pay later.

Health and Safety Rights

Cleaning offices often involves handling chemicals, lifting heavy objects, and working with potentially hazardous materials. As an employee, you have the right to a safe working environment under the Occupational Health and Safety (OHS) Act.

This includes:

Proper training in using cleaning products safely.
Personal protective equipment (PPE) like gloves and masks.
The right to refuse unsafe work without fear of retaliation.

Employers are legally required to provide safety training and ensure that cleaners are not exposed to unnecessary risks.

Protection from Harassment and Discrimination

Cleaners often work alone or during off-hours, which can increase vulnerability to harassment or inappropriate behavior. Alberta’s Human Rights Act prohibits discrimination based on race, gender, age, religion, disability, or sexual orientation.

Harassment or abuse—whether from coworkers, supervisors, or clients—is illegal.

If you face this, you can:

Report the issue to your supervisor or HR department.
File a complaint with the Alberta Human Rights Commission.
Consult legal aid or a labor lawyer for support.

Remember: employers have a legal obligation to create a respectful, inclusive work environment.

Termination and Severance Pay

If you’re let go, you may be entitled to termination notice or pay in lieu, depending on how long you’ve worked:

Less than 3 months: No notice required.
3 months to 2 years: 1 week’s notice.
2–4 years: 2 weeks’ notice.
More than 4 years: Increasing notice up to 8 week.

If your employer terminates you without this notice or compensation, it’s a violation of employment law.

Unionization and Collective Bargaining

While not all cleaning companies are unionized, you have the right to join a union under the Alberta Labour Relations Code. A union can help you negotiate better wages, benefits, and working conditions.

In a city like Calgary where office cleaning demand is high, cleaners can benefit from joining forces to advocate for better standards across the industry.

Immigration and Work Permits

For cleaners who are temporary foreign workers or immigrants, it’s especially important to know your rights. Being on a work permit doesn’t mean you have fewer labor rights. Employers cannot threaten to cancel your visa or deport you as a way to avoid paying you properly or respecting your legal protections.

If you're working under the Temporary Foreign Worker Program (TFWP) or International Mobility Program (IMP), be sure to:

Keep copies of your employment contract.
Contact local worker advocacy groups if you're being mistreated.
Know that you can report exploitation to Employment and Social Development Canada (ESDC) without risking your status.

Tips for Protecting Yourself

Here are a few proactive steps office cleaners can take:

Keep written records of hours, pay, and any incidents at work.
Get your employment terms in writing, including wage, hours, and job duties.
Know your classification (employee or contractor) and research what that means.
Stay informed: Government websites and non-profit labor groups offer excellent resources for workers.

If you're working in Calgary office cleaning, there are also local legal clinics and support groups that offer free advice, particularly for vulnerable workers or immigrants.

Ontario Employment Law: What Office Cleaners Need to Know (vs. Alberta)

While many employment standards are similar across Canadian provinces, Ontario’s Employment Standards Act (ESA) has some distinct differences from Alberta's legislation. If you're an office cleaner working in Toronto, Ottawa, Mississauga, or elsewhere in Ontario, here’s how your rights differ:

Minimum Wage in Ontario (2025)

As of October 2025 (expected adjustment), Ontario’s general minimum wage is $17.60/hour, higher than Alberta’s $15/hour. This rate applies to most office cleaners, whether part-time or full-time.

Key Tip: Always verify the current minimum wage via Ontario’s Ministry of Labour website, as it’s indexed to inflation and can change annually.

Overtime Threshold

In Ontario, overtime applies after 44 hours/week, just like Alberta. However:

Ontario allows averaging agreements, where hours are averaged over multiple weeks—something cleaners should watch out for in contracts.
If you're not clearly informed about such agreements, you may miss out on overtime pay.

Paid Holidays & Vacation

In Ontario:

Office cleaners are entitled to 10 public holidays, including Family Day and Civic Holiday, which Alberta does not recognize provincially.
Vacation Pay is also calculated as 4% of gross wages for less than 5 years of service, and 6% after 5+ years—same as Alberta, but strict enforcement is more common in Ontario due to regular Ministry audits.

Health & Safety Regulations

Under Ontario’s Occupational Health and Safety Act (OHSA):

Employers must provide “Worker Health and Safety Awareness” training on top of site-specific instruction—this is mandatory by law.
Cleaners must be trained on the WHMIS system (Workplace Hazardous Materials Information System), and MSDS sheets must be accessible for all cleaning products.

Important Difference: Ontario inspectors are more proactive, especially in Toronto and Peel Region. Complaints are often followed by workplace visits.

Termination Pay in Ontario

Ontario mirrors Alberta in requiring notice based on length of employment:

Less than 3 months: No notice
3 months–1 year: 1 week
1–3 years: 2 weeks
3+ years: 1 week per year of service, up to 8 weeks

Additional Ontario Rule: In workplaces with 50+ employees, mass terminations (more than 50 people) require longer notice periods, up to 16 weeks.

Ontario Human Rights Protections

Ontario’s Human Rights Code is similar to Alberta’s but offers expanded protections, including:

Protection from discrimination based on citizenship, gender identity, or creed.
A wider range of remedies, including mediation through the Human Rights Tribunal of Ontario (HRTO).

Immigration & Worker Protections in Ontario

Ontario’s Fair Workplaces, Better Jobs Act ensures that temporary foreign workers, undocumented cleaners, and gig workers are protected from exploitation.

You cannot be deported or fired for filing a labor complaint.
Legal clinics like Parkdale Community Legal Services and Workers’ Action Centre (WAC) in Toronto offer free guidance in multiple languages.

Ontario Support Resources for Office Cleaners

If you're a cleaner working in Ontario, here are some resources you can turn to:

Workers’ Health & Safety Legal Clinic (Toronto)
Employment Standards Info Centre: 1-800-531-5551
CLEO (Community Legal Education Ontario) – Free legal resources
Legal Aid Ontario – Help for low-income workers

Conclusion

Understanding employment law empowers office cleaners to work with confidence, dignity, and fairness. Whether it’s knowing your rights regarding pay, breaks, health and safety, or termination, this knowledge is vital to protecting yourself in a demanding industry. Employers also benefit when they comply with the law—leading to better retention, happier employees, and fewer legal disputes.

If you're an office cleaner in Calgary—or considering joining this field—staying informed ensures you’re treated fairly and legally. And for those providing services beyond offices, such as Airbnb cleaners Calgary, similar labor rights and protections apply. The key is to stay aware, speak up when necessary, and demand the fair treatment you deserve.

Relevant Articles of Interest:

You may want to consult with an experienced employment law firm, such as HTW Law, to learn about your employment law rights in case of workplace harassment, discrimination, wrongful dismissal, constructive dismissal or misclassification, to ensure that your rights are fully protected. By doing so, you can ensure that you receive fair compensation for the actionable discrimination and safeguard your employment rights.

top law firm with best employment lawyers in toronto

With the right legal support, employees can navigate the challenges of unfair practices and work towards a more equitable and respectful work environment.

You don't have to fight the battle alone. Speaking with an employment lawyer who is familiar with the laws and intricacies regarding remote work, workplace harassment and discrimination will go a long way. If you are in doubt, it's essential that you reach out for help as soon as possible right away.

Click here to contact HTW Law - Employment Lawyer for assistance and legal consultation.

contact htw law - employment lawyer for wrongful dismissal help

Author Bio:

Eva Vergis is a freelance writer on various interesting topics including employment law issues.