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Your Guide to The Employment Standards Act
This guide is a hassle-free source of information about crucial areas of the ESA. It is for your information and support just. It is not a legal document. If you need details or specific language, please refer to the ESA itself and its guidelines.
This guide should not be utilized as or thought about legal recommendations. You might have greater rights under a work contract, cumulative arrangement, the typical law or other legislation. If you're uncertain about anything in this guide, please speak to an attorney.
Topics covered by the ESA?
These consist of:
benefit plans
bereavement leave
child death leave
crime-related kid disappearance leave
vital disease leave
stated emergency situation leave
domestic or sexual violence leave
the work standards poster: circulation requirements
equivalent spend for equivalent work
household caretaker leave
family medical leave
family obligation leave
suing
hours of work, eating durations and rest periods
transmittable disease emergency situation leave
licensing - short-lived aid companies and recruiters
lie detector tests
minimum wage
non-compete contracts
organ donor leave
pay
payment of salaries
pregnancy and parental leave
public holidays
reservist leave
severance of employment
authorized leave
temporary assistance firms
termination of work and short-term layoffs
suggestions or gratuities
vacation.
written policy on detaching from work.
written policy on electronic tracking of employees.
Reprisals are prohibited
Employers are prohibited from punishing staff members in any method since the employee worked out ESA rights.
Clients of short-lived assistance agencies are restricted from penalizing task workers in any method due to the fact that the project worker worked out ESA rights.
Recruiters are prohibited from punishing prospective workers who engage or use the recruiter's services in any way for certain factors, consisting of asking the recruiter to comply with the Act or inquiring about whether an individual holds a licence as required by the ESA.
Employers, clients of temporary aid agencies and employers who dedicate a reprisal can be:
- purchased to compensate the worker, project worker or potential employee.
- ordered to reinstate the worker or assignment staff member (if the reprisal was dedicated by an employer or client of a short-lived help firm).
- purchased to pay a penalty.
- prosecuted.
Learn more about reprisals.
Greater right or advantage
If a provision in an employment contract or another Act provides a staff member a greater right or advantage than a minimum work standard under the ESA then that provision applies to the worker rather of the employment standard.
No waiving of rights
No staff member can agree to waive or quit their rights under the ESA (for instance, the right to receive overtime pay or public vacation pay). Any such agreement is null and void.
Enforcement and compliance
Violations of the ESA can result in enforcement action.
The type of enforcement action that can be taken depends upon which arrangement of the ESA was contravened. Examples include:
- an order to pay.
- a compliance order.
- a ticket.
- a notification of contravention with a financial penalty.
- an order to renew and/or compensate.
- prosecution.
Other workplace-related laws
The ESA consists of only a few of the rules impacting work in Ontario. Other provincial and federal legislation governs problems such as workplace health and security, 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 impacting work environments consist of statutes on earnings tax, employment insurance coverage and the Canada Pension.
To learn more about federal laws, call the Government of Canada information line at 1-800-622-6232.
Who is not covered by the ESA?
Most staff members and employers in Ontario are covered by the ESA. However, job the ESA does not apply to some people and individuals or companies they work for, such as:
- employees and employers in sectors that fall under federal employment law jurisdiction, such as airline companies, banks, the federal civil service, post offices, radio and television stations and inter-provincial railways.
- individuals working under a program approved by a college of applied arts and innovation or university.
- people working under a program that is approved by a career college registered under the Ontario Career Colleges Act, 2005.
- secondary school trainees who work under a work experience program authorized by the school board that operates the school in which the student is registered.
- individuals who do community participation under the Ontario Works Act, 1997.
- police officers (other than for the lie detectors arrangements of the ESA, which do apply).
- prisoners participating in work or rehab programs, or individuals who work as part of a sentence or order of a court.
- individuals who hold political, judicial, spiritual or chosen trade union offices.
- major job junior ice hockey gamers who fulfill particular conditions related to scholarships.
- people who satisfy the meaning of service specialist or info innovation expert under the ESA if certain conditions are fulfilled.
For a total listing of other individuals not governed by the ESA, please inspect the ESA and its policies.
Employee misclassification
Employers are restricted from misclassifying employees as independent contractors, job interns, volunteers or any other kind of worker not covered by the ESA.
Learn more about employee misclassification.
Additional resources
In addition to this guide, the Ministry of Labour, Immigration, Training and Skills Development (MLITSD) has extra resources offered 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 appreciating the analysis, administration and enforcement of the ESA.
- Staff at the Employment Standards Information Centre are offered to answer your questions about the ESA. Information is offered in lots of languages. You can reach the information centre from Monday to Friday, 8:30 a.m.