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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.