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Your Guide to The Employment Standards Act
This guide is a practical source of information about crucial areas of the ESA. It is for your details and support only. It is not a legal document. If you require information or exact language, please describe the ESA itself and its policies.
This guide ought to not be utilized as or thought about legal advice. You might have higher rights under an employment agreement, collective agreement, the common law or other legislation. If you're unsure about anything in this guide, please talk to an attorney.
Topics covered by the ESA?
These consist of:
advantage strategies
bereavement leave
kid death leave
crime-related kid disappearance leave
crucial health problem leave
declared emergency situation leave
domestic or sexual violence leave
the employment requirements poster: circulation requirements
equal spend for equivalent work
household caretaker leave
family medical leave
family responsibility leave
suing
hours of work, consuming durations and rest durations
transmittable disease emergency leave
licensing - short-lived assistance agencies and recruiters
lie detector tests
minimum wage
non-compete agreements
organ donor leave
overtime pay
payment of earnings
pregnancy and adult leave
public vacations
reservist leave
severance of employment
ill leave
temporary assistance companies
termination of work and short-term layoffs
suggestions or gratuities
vacation.
written policy on disconnecting from work.
composed policy on electronic monitoring of employees.
Reprisals are forbidden
Employers are restricted from penalizing employees in any way due to the fact that the employee worked out ESA rights.
Clients of short-lived assistance companies are restricted from punishing assignment employees in any method since the task worker exercised ESA rights.
Recruiters are restricted from punishing prospective workers who engage or utilize the recruiter's services in any method for particular reasons, including asking the recruiter to comply with the Act or investigating about whether a person holds a licence as needed by the ESA.
Employers, customers of temporary help companies and employers who commit a reprisal can be:
- ordered to compensate the staff member, project worker or potential staff member.
- ordered to renew the staff member or project staff member (if the reprisal was devoted by an employer or customer of a company).
- ordered to pay a charge.
- prosecuted.
Learn more about reprisals.
Greater right or advantage
If a provision in an employment agreement or another Act offers an employee a higher right or advantage than a minimum employment requirement under the ESA then that arrangement applies to the employee rather of the work requirement.
No waiving of rights
No worker can concur to waive or provide up their rights under the ESA (for example, referall.us the right to receive overtime pay or public holiday pay). Any such agreement is null and space.
Enforcement and compliance
Violations of the ESA can lead to enforcement action.
The kind of enforcement action that can be taken depends on which provision of the ESA was contravened. Examples include:
- an order to pay.
- a compliance order.
- a ticket.
- a notice of conflict with a financial penalty.
- an order to restore and/or compensate.
- prosecution.
Other workplace-related laws
The ESA contains only some of the guidelines affecting operate in Ontario. Other provincial and federal legislation governs issues such as workplace health and security, human rights and labour relations.
Related Ontario laws include the:
Occupational Health And Wellness Act.
Workplace Safety and Insurance Act, 1997.
Labour Relations Act, 1995.
Pay Equity Act.
Human Rights Code.
For additional information 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 work environments include statutes on income tax, employment insurance coverage 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 companies they work for, such as:
- workers and companies in sectors that fall under federal work law jurisdiction, such as airlines, banks, the federal civil service, post workplaces, radio and television stations and inter-provincial railways.
- individuals working under a program approved by a college of used arts and innovation or university.
- individuals working under a program that is authorized by a career college signed up 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.
- policeman (except for the lie detectors arrangements of the ESA, which do apply).
- prisoners participating in work or rehab programs, or people who work as part of a sentence or order of a court.
- individuals who hold political, judicial, religious or chosen trade union workplaces.
- major junior ice hockey players who fulfill specific conditions associated with scholarships.
- people who fulfill the definition of business expert or infotech expert under the ESA if specific conditions are satisfied.
For a total listing of other people not governed by the ESA, please check the ESA and its regulations.
Employee misclassification
Employers are prohibited from misclassifying workers as independent contractors, interns, volunteers or any other type of worker not covered by the ESA.
Learn more about staff member misclassification.
Additional resources
In addition to this guide, the Ministry of Labour, Immigration, Training and Skills Development (MLITSD) has extra resources offered to help you:
- The Employment Standards Act Policy and Interpretation Manual is the main referral source for the policies of the Director of Employment Standards appreciating the interpretation, administration and enforcement of the ESA.
- Staff at the Employment Standards Information Centre are readily available to address your questions about the ESA. Information is available in many languages. You can reach the info centre from Monday to Friday, 8:30 a.m.