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Your Guide to The Employment Standards Act
This guide is a practical source of info about key sections of the ESA. It is for your information and help only. It is not a legal document. If you need information or precise language, please describe the ESA itself and its regulations.
This guide should not be used as or employment considered legal advice. You might have higher rights under an employment agreement, cumulative agreement, employment the common law or other legislation. If you’re uncertain about anything in this guide, please speak with a lawyer.
Topics covered by the ESA?
These include:
benefit plans
bereavement leave
kid death leave
crime-related kid disappearance leave
vital health problem leave
stated emergency situation leave
domestic or sexual violence leave
the work standards poster: circulation requirements
equal spend for equal work
family caregiver leave
family medical leave
family obligation leave
submitting a claim
hours of work, consuming periods and rest periods
transmittable disease emergency leave
licensing – momentary aid firms and recruiters
lie detector tests
minimum wage
non-compete contracts
organ donor leave
overtime pay
payment of incomes
pregnancy and parental leave
public vacations
reservist leave
severance of employment
authorized leave
short-lived assistance agencies
termination of employment and temporary layoffs
tips or gratuities
holiday.
composed policy on disconnecting from work.
written policy on electronic monitoring of staff members.
Reprisals are forbidden
Employers are forbidden from penalizing workers in any method due to the fact that the worker exercised ESA rights.
Clients of short-term aid companies are forbidden from penalizing task staff members in any method since the assignment staff member worked out ESA rights.
Recruiters are restricted from punishing prospective workers who engage or utilize the employer’s services in any way for certain factors, including asking the employer to adhere to the Act or investigating about whether an individual holds a licence as needed by the ESA.
Employers, customers of short-lived aid companies and recruiters who dedicate a reprisal can be:
– bought to compensate the worker, task staff member or prospective staff member.
– bought to restore the staff member or project staff member (if the reprisal was devoted by an employer or customer of a short-term help firm).
– ordered to pay a charge.
– prosecuted.
Find out more about reprisals.
Greater right or advantage
If an arrangement in an employment agreement or another Act provides a worker a higher right or benefit than a minimum employment requirement under the ESA then that arrangement uses to the staff member rather of the employment requirement.
No waiving of rights
No employee can consent to waive or provide up their rights under the ESA (for example, the right to get overtime pay or public vacation pay). Any such agreement is null and void.
Enforcement and compliance
Violations of the ESA can lead to enforcement action.
The type of enforcement action that can be taken depends on which arrangement of the ESA was contravened. Examples include:
– an order to pay.
– a compliance order.
– a ticket.
– a notification of contravention with a .
– an order to restore and/or compensate.
– prosecution.
Other workplace-related laws
The ESA includes only some of the guidelines impacting work in Ontario. Other provincial and federal legislation governs problems such as workplace health and wellness, human rights and labour relations.
Related Ontario laws include the:
Occupational Health and Safety Act.
Workplace Safety and Insurance Act, 1997.
Labour Relations Act, 1995.
Pay Equity Act.
Human Rights Code.
For more details about other Ontario laws, contact ServiceOntario:
– Tel: 416-326-1234 (in Toronto).
– Toll-free: 1-800-267-8097 (in the rest of Ontario).
– online at ServiceOntario.ca.
Federal laws impacting offices include statutes on income tax, work insurance coverage and the Canada Pension Plan.
For more information about federal laws, call the Government of Canada details line at 1-800-622-6232.
Who is not covered by the ESA?
Most workers and companies in Ontario are covered by the ESA. However, the ESA does not apply to some individuals and the people or companies they work for, such as:
– staff members and companies in sectors that fall under federal work law jurisdiction, such as airline companies, banks, the federal civil service, post offices, radio and tv stations and inter-provincial railways.
– individuals working under a program approved by a college of applied arts and technology or university.
– people working under a program that is approved by a career college registered under the Ontario Career Colleges Act, 2005.
– secondary school students who work under a work experience program licensed by the school board that runs the school in which the trainee is registered.
– people who do neighborhood participation under the Ontario Works Act, employment 1997.
– policeman (except for the lie detectors arrangements of the ESA, which do apply).
– prisoners taking part in work or rehab programs, or individuals who work as part of a sentence or order of a court.
– people who hold political, judicial, religious or elected trade union workplaces.
– significant junior ice hockey gamers who satisfy particular conditions associated with scholarships.
– individuals who fulfill the definition of service expert or information innovation specialist under the ESA if particular conditions are fulfilled.
For a complete listing of other individuals not governed by the ESA, please check the ESA and its regulations.
Employee misclassification
Employers are restricted from misclassifying employees as independent contractors, interns, volunteers or any other kind of worker not covered by the ESA.
Discover more about worker misclassification.
Additional resources
In addition to this guide, the Ministry of Labour, employment Immigration, Training and Skills Development (MLITSD) has additional resources available to assist you:
– The Employment Standards Act Policy and Interpretation Manual is the primary reference source for the policies of the Director of Employment Standards respecting the interpretation, administration and enforcement of the ESA.
– Staff at the Employment Standards Information Centre are available to address your questions about the ESA. Information is readily available in lots of languages. You can reach the details centre from Monday to Friday, 8:30 a.m.