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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 info and help just. It is not a legal file. If you require details or exact language, please describe the ESA itself and its guidelines.
This guide should not be used as or thought about legal recommendations. You may have greater rights under an employment contract, cumulative agreement, the common law or other legislation. If you’re uncertain about anything in this guide, employment please speak with an attorney.
Topics covered by the ESA?
These include:
benefit strategies
bereavement leave
child death leave
crime-related child disappearance leave
important disease 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
household duty leave
suing
hours of work, consuming durations and pause
infectious illness emergency situation leave
licensing – momentary assistance companies and recruiters
lie detector tests
minimum wage
non-compete agreements
organ donor leave
overtime pay
payment of incomes
pregnancy and adult leave
public holidays
reservist leave
severance of work
authorized leave
short-term help companies
termination of work and momentary layoffs
ideas or gratuities
vacation.
composed policy on disconnecting from work.
composed policy on electronic monitoring of staff members.
Reprisals are forbidden
Employers are restricted from penalizing employees in any way due to the fact that the staff member worked out ESA rights.
Clients of short-term assistance agencies are prohibited from penalizing assignment staff members in any method due to the fact that the project worker exercised ESA rights.
Recruiters are forbidden from punishing potential workers who engage or utilize the employer’s services in any way for specific reasons, consisting of asking the employer to abide by the Act or investigating about whether an individual holds a licence as required by the ESA.
Employers, customers of temporary aid companies and recruiters who devote a reprisal can be:
– purchased to compensate the staff member, task employee or prospective staff member.
– bought to restore the employee or assignment staff member (if the reprisal was committed by a company or customer of a temporary assistance company).
– ordered to pay a penalty.
– prosecuted.
Learn more about reprisals.
Greater right or benefit
If a provision in an employment contract or another Act provides a worker a higher right or advantage than a minimum employment 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 example, the right to receive overtime pay or public holiday pay). Any such agreement 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 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 monetary penalty.
– an order to renew and/or compensate.
– prosecution.
Other workplace-related laws
The ESA consists of just some of the rules impacting operate in Ontario. Other provincial and federal legislation governs issues such as workplace health and safety, human rights and labour relations.
Related Ontario laws consist of the:
Occupational Health And Wellness Act.
Workplace Safety and employment 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 workplaces consist of statutes on income tax, employment insurance coverage and the Canada Pension.
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 workers and employers in Ontario are covered by the ESA. However, the ESA does not apply to some individuals and the individuals or companies they work for, such as:
– staff members and employers in sectors that fall under federal employment law jurisdiction, such as airline companies, banks, employment the federal civil service, post workplaces, radio and tv stations and employment inter-provincial railways.
– individuals working under a program approved by a college of applied arts and employment technology or university.
– people working under a program that is authorized by a profession college registered 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 trainee is registered.
– people who do community participation under the Ontario Works Act, 1997.
– police officers (except for the lie detectors arrangements of the ESA, which do apply).
– inmates 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, religious or elected trade union offices.
– major junior ice hockey gamers who fulfill particular conditions associated with scholarships.
– individuals who meet the meaning of business expert or employment details innovation consultant under the ESA if specific conditions are satisfied.
For a total listing of other individuals not governed by the ESA, please inspect the ESA and its guidelines.
Employee misclassification
Employers are prohibited from misclassifying employees as independent specialists, interns, volunteers or any other kind of employee not covered by the ESA.
Learn more about worker misclassification.
Additional resources
In addition to this guide, employment the 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 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 questions about the ESA. Information is offered in numerous languages. You can reach the information centre from Monday to Friday, 8:30 a.m.