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Your Guide to The Employment Standards Act
This guide is a hassle-free source of info about essential sections of the ESA. It is for your information and help only. It is not a legal file. If you require details or precise language, please describe the ESA itself and its policies.
This guide should not be utilized as or thought about legal advice. You might have greater rights under an employment agreement, cumulative contract, the typical law or other legislation. If you're not sure 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
critical illness leave
stated emergency situation leave
domestic or sexual violence leave
the employment requirements poster: distribution requirements
equal pay for equivalent work
household caretaker leave
family medical leave
family responsibility leave
filing a claim
hours of work, consuming periods and rest durations
infectious illness emergency leave
licensing - momentary aid companies and recruiters
lie detector tests
minimum wage
non-compete agreements
organ donor leave
overtime pay
payment of wages
pregnancy and employment adult leave
public vacations
reservist leave
severance of employment
authorized leave
short-lived assistance agencies
termination of employment and temporary layoffs
suggestions or gratuities
vacation.
written policy on detaching from work.
composed policy on electronic tracking of employees.
Reprisals are forbidden
Employers are forbidden from penalizing staff members in any method since the staff member worked out ESA rights.
Clients of momentary assistance firms are forbidden from punishing assignment employees in any way because the task staff member exercised ESA rights.
Recruiters are prohibited from punishing prospective employees who engage or employment utilize the employer's services in any method for certain reasons, consisting of asking the recruiter to abide by the Act or investigating about whether an individual holds a licence as required by the ESA.
Employers, customers of help agencies and recruiters who dedicate a reprisal can be:
- ordered to compensate the employee, assignment staff member or prospective worker.
- ordered to renew the staff member or employment project staff member (if the reprisal was devoted by a company or client of a momentary assistance company).
- purchased to pay a penalty.
- prosecuted.
Learn more about reprisals.
Greater right or benefit
If an arrangement in a work contract or another Act provides a worker a higher right or advantage than a minimum work requirement under the ESA then that arrangement uses to the worker instead of the employment standard.
No waiving of rights
No employee can accept waive or quit their rights under the ESA (for example, employment the right to get overtime pay or public vacation pay). Any such arrangement is null and space.
Enforcement and employment compliance
Violations of the ESA can result in enforcement action.
The kind of enforcement action that can be taken depends upon 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 reinstate and/or compensate.
- prosecution.
Other workplace-related laws
The ESA contains only a few of the guidelines affecting operate in Ontario. Other provincial and federal legislation governs concerns such as workplace health and safety, 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 affecting offices consist of statutes on income tax, work insurance coverage and the Canada Pension.
To find out more about federal laws, call the Government of Canada info 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 employment individuals or organizations they work for, such as:
- staff members and companies in sectors that fall under federal employment law jurisdiction, such as airline companies, banks, the federal civil service, post workplaces, radio and television stations and inter-provincial trains.
- people working under a program authorized by a college of used arts and innovation or university.
- people working under a program that is approved by a career college signed up under the Ontario Career Colleges Act, 2005.
- secondary school trainees who work under a work experience program authorized by the school board that runs the school in which the student is enrolled.
- individuals who do neighborhood involvement under the Ontario Works Act, 1997.
- policeman (except for the lie detectors provisions of the ESA, which do use).
- inmates taking part 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 particular conditions connected to scholarships.
- individuals who satisfy the definition of business expert or details technology specialist under the ESA if certain conditions are satisfied.
For a complete listing of other individuals not governed by the ESA, please examine the ESA and its regulations.
Employee misclassification
Employers are prohibited from misclassifying staff members as independent contractors, interns, volunteers or any other kind 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 available to assist you:
- The Employment Standards Act Policy and Interpretation Manual is the primary recommendation source for the policies of the Director of Employment Standards respecting the analysis, administration and enforcement of the ESA.
- Staff at the Employment Standards Information Centre are offered to address your concerns about the ESA. Information is offered in numerous languages. You can reach the information centre from Monday to Friday, employment 8:30 a.m.