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Your Guide to The Employment Standards Act
This guide is a practical source of information about crucial sections of the ESA. It is for your info and support just. It is not a legal file. If you require information or exact language, employment please refer to the ESA itself and its policies.
This guide ought to not be utilized as or thought about legal advice. You may have greater rights under an employment agreement, collective agreement, the common law or employment other legislation. If you’re not sure about anything in this guide, please talk with an attorney.
Topics covered by the ESA?
These include:
benefit strategies
bereavement leave
kid death leave
crime-related kid disappearance leave
crucial illness leave
stated emergency situation leave
domestic or sexual violence leave
the employment standards poster: circulation requirements
equivalent pay for equal work
family caregiver leave
family medical leave
family responsibility leave
submitting a claim
hours of work, consuming durations and rest durations
contagious disease emergency situation leave
licensing – short-term aid companies and employers
lie detector tests
minimum wage
non-compete agreements
organ donor leave
overtime pay
payment of salaries
pregnancy and parental leave
public vacations
reservist leave
severance of employment
sick leave
short-term help agencies
termination of work and temporary layoffs
suggestions or gratuities
vacation.
written policy on detaching from work.
written policy on electronic monitoring of employees.
Reprisals are prohibited
Employers are forbidden from penalizing workers in any method because the worker worked out ESA rights.
Clients of temporary help firms are forbidden from punishing task employees in any way because the project employee worked out ESA rights.
Recruiters are prohibited from penalizing potential staff members who engage or use the recruiter’s services in any way for certain factors, employment including asking the recruiter to adhere to the Act or inquiring about whether an individual holds a licence as needed by the ESA.
Employers, clients of momentary aid firms and employers who dedicate a reprisal can be:
– ordered to compensate the staff member, assignment worker or potential worker.
– ordered to restore the worker or assignment employee (if the reprisal was dedicated by an employer or customer of a short-term assistance company).
– ordered to pay a penalty.
– prosecuted.
Find out more about reprisals.
Greater right or benefit
If a provision in an employment agreement or another Act provides a worker a greater right or benefit than a minimum employment requirement under the ESA then that provision uses to the worker instead of the work standard.
No waiving of rights
No worker can accept waive or give up their rights under the ESA (for instance, the right to get overtime pay or public holiday pay). Any such arrangement is null and void.
Enforcement and compliance
Violations of the ESA can lead to enforcement action.
The kind of enforcement action that can be taken depends upon which arrangement of the ESA was contravened. Examples consist of:
– an order to pay.
– a compliance order.
– a ticket.
– a notification of contravention with a financial penalty.
– an order to reinstate and/or employment compensate.
– prosecution.
Other workplace-related laws
The ESA includes only some of the guidelines impacting operate in Ontario. Other provincial and federal legislation governs issues such as workplace health and wellness, human rights and labour relations.
Related Ontario laws consist of the:
Occupational Health And Wellness Act.
Workplace Safety and Insurance Act, 1997.
Labour Relations Act, 1995.
Pay Equity Act.
Human Rights Code.
To find out more 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 affecting work environments include statutes on income tax, work insurance and the Canada Pension Plan.
To learn more about federal laws, call the Government of Canada details line at 1-800-622-6232.
Who is not covered by the ESA?
Most employees and employers in Ontario are covered by the ESA. However, the ESA does not apply to some individuals and the people or organizations they work for, such as:
– employees and companies in sectors that fall under federal work law jurisdiction, such as airline companies, banks, the federal civil service, post workplaces, radio and tv stations and inter-provincial railways.
– individuals working under a program authorized by a college of used 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 student is registered.
– people who do neighborhood participation under the Ontario Works Act, 1997.
– law enforcement officer (except for the lie detectors provisions of the ESA, which do apply).
– prisoners participating in work or employment rehabilitation programs, or people who work as part of a sentence or order of a court.
– individuals who hold political, judicial, spiritual or chosen trade union workplaces.
– significant junior ice hockey gamers who fulfill certain conditions connected to scholarships.
– individuals who meet the meaning of business consultant or details technology expert under the ESA if certain conditions are fulfilled.
For a total listing of other individuals not governed by the ESA, please examine the ESA and its guidelines.
Employee misclassification
Employers are prohibited from misclassifying employees as independent professionals, interns, volunteers or any other type of employee not covered by the ESA.
Discover more about .
Additional resources
In addition to this guide, the Ministry of Labour, Immigration, Training and Skills Development (MLITSD) has additional resources readily available to assist you:
– The Employment Standards Act Policy and Interpretation Manual is the main recommendation 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 offered to address your questions about the ESA. Information is readily available in many languages. You can reach the details centre from Monday to Friday, 8:30 a.m.