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Your Guide to The Employment Standards Act

This guide is a hassle-free source of information about essential areas of the ESA. It is for your info and help just. It is not a legal file. If you require information or specific language, please describe the ESA itself and its policies.

This guide should not be used as or considered legal guidance. You may have higher rights under an employment agreement, cumulative arrangement, 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 consist of:

benefit plans

bereavement leave

child death leave

crime-related kid disappearance leave

crucial health problem leave

stated emergency situation leave

domestic or sexual violence leave

the work requirements poster: distribution requirements

equal pay for equal work

household caregiver leave

household medical leave

household responsibility leave

filing a claim

hours of work, eating periods and rest durations

infectious disease emergency situation leave

licensing – short-term aid agencies and employers

lie detector tests

minimum wage

non-compete arrangements

organ donor leave

overtime pay

payment of wages

pregnancy and adult leave

public vacations

reservist leave

severance of employment

sick leave

momentary assistance agencies

termination of employment and short-term layoffs

tips or gratuities

trip.

composed policy on detaching from work.

composed policy on electronic tracking of staff members.

Reprisals are restricted

Employers are forbidden from punishing staff members in any way since the staff member exercised ESA rights.

Clients of short-term aid firms are prohibited from penalizing assignment employees in any method since the assignment staff member worked out ESA rights.

Recruiters are prohibited from punishing prospective staff members who engage or utilize the employer’s services in any method for certain factors, consisting of asking the recruiter to adhere to the Act or inquiring about whether an individual holds a licence as required by the ESA.

Employers, of short-term aid firms and recruiters who commit a reprisal can be:

– ordered to compensate the staff member, task employee or potential staff member.

– purchased to reinstate the employee or project staff member (if the reprisal was committed by an employer or customer of a short-term aid company).

– ordered to pay a charge.

– prosecuted.

Discover more about reprisals.

Greater right or benefit

If an arrangement in an employment contract or another Act provides a worker a higher right or benefit than a minimum work requirement under the ESA then that provision applies to the employee instead of the work requirement.

No waiving of rights

No employee can accept waive or offer 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 on 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 monetary penalty.

– an order to restore and/or compensate.

– prosecution.

Other workplace-related laws

The ESA includes only some of the rules impacting work 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 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 offices include statutes on income tax, work insurance and the Canada Pension.

To learn more about federal laws, call the Government of Canada info line at 1-800-622-6232.

Who is not covered by the ESA?

Most staff members and companies in Ontario are covered by the ESA. However, the ESA does not use to some individuals and the individuals or companies 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 offices, 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 authorized by a career college registered under the Ontario Career Colleges Act, 2005.

– secondary school trainees who work under a work experience program licensed by the school board that runs the school in which the trainee is enrolled.

– individuals who do neighborhood participation under the Ontario Works Act, 1997.

– policeman (other than for the lie detectors provisions 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.

– people who hold political, referall.us judicial, religious or elected trade union workplaces.

– significant junior ice hockey gamers who meet certain conditions associated with scholarships.

– individuals who meet the meaning of business specialist or details innovation consultant under the ESA if specific conditions are met.

For a complete listing of other individuals not governed by the ESA, please inspect the ESA and its policies.

Employee misclassification

Employers are prohibited from misclassifying employees as independent professionals, interns, volunteers or any other type of worker not covered by the ESA.

Discover more about employee misclassification.

Additional resources

In addition to this guide, the Ministry of Labour, Immigration, Training and Skills Development (MLITSD) has additional resources offered to help 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 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 numerous languages. You can reach the info centre from Monday to Friday, 8:30 a.m.

HANDS FARMERS
« Les Mains des Agriculteurs »
   À votre service…

Sasu Hands Farmers au capital sociale de 3000,00€

Siret : 949.4619.330.0010 Numéro TVA : FR17949461933 Rcs de Montauban France

Contact

HANDS FARMERS
« Les Mains des Agriculteurs »

Nous écrire: handsfarmers@gmail.com

Sasu Hands Farmers au capital sociale de 3000,00€

Siret : 949.4619.330.0010 Numéro TVA : FR17949461933 Rcs de Montauban France

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