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Your Guide to The Employment Standards Act
This guide is a practical source of information about essential sections of the ESA. It is for your information and assistance just. It is not a legal document. If you require information or exact language, please refer to the ESA itself and its guidelines.
This guide should not be utilized as or thought about legal guidance. You might have higher rights under an employment agreement, collective agreement, 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
kid death leave
crime-related child disappearance leave
crucial health problem leave
stated emergency situation leave
domestic or sexual violence leave
the work requirements poster: distribution requirements
equal spend for equivalent work
household caregiver leave
family medical leave
household responsibility leave
suing
hours of work, consuming periods and pause
contagious illness emergency leave
licensing – temporary assistance agencies and recruiters
lie detector tests
base pay
non-compete arrangements
organ donor leave
overtime pay
payment of earnings
pregnancy and parental leave
public vacations
reservist leave
severance of work
sick leave
short-term help firms
termination of work and referall.us temporary layoffs
ideas or gratuities
getaway.
composed policy on disconnecting from work.
composed policy on electronic tracking of employees.
Reprisals are prohibited
Employers are restricted from penalizing workers in any method because the worker exercised ESA rights.
Clients of short-lived help firms are prohibited from penalizing task staff members in any method due to the fact that the project worker exercised ESA rights.
Recruiters are prohibited from penalizing potential staff members who engage or utilize the employer’s services in any way for certain reasons, consisting of asking the recruiter to adhere to the Act or making questions about whether an individual holds a licence as required by the ESA.
Employers, clients of temporary help agencies and recruiters who commit a reprisal can be:
– bought to compensate the staff member, project worker or prospective staff member.
– bought to restore the worker or assignment employee (if the reprisal was devoted by an employer or customer of a temporary help agency).
– ordered to pay a penalty.
– prosecuted.
Discover 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 employment requirement under the ESA then that provision applies to the employee rather of the work standard.
No waiving of rights
No worker can consent to waive or offer up their rights under the ESA (for example, the right to receive overtime pay or public holiday pay). Any such arrangement 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 on which arrangement of the ESA was contravened. Examples consist of:
– an order to pay.
– a compliance order.
– a ticket.
– a notice of contravention with a monetary penalty.
– an order to renew and/or compensate.
– prosecution.
Other workplace-related laws
The ESA includes just some of the rules affecting work in Ontario. Other provincial and federal legislation governs issues 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.
To learn 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 affecting workplaces include statutes on earnings tax, work insurance coverage and the Canada Pension Plan.
For more information 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 employers in Ontario are covered by the ESA. However, the ESA does not use to some people and the people or organizations they work for, such as:
– staff members and employers in sectors that fall under federal work law jurisdiction, such as airlines, banks, the federal civil service, post workplaces, radio and tv stations and inter-provincial railways.
– individuals working under a program approved by a college of used arts and technology or university.
– individuals working under a program that is approved by a profession college signed up under the Ontario Career Colleges Act, 2005.
– secondary school students who work under a work experience program licensed by the school board that operates the school in which the trainee is enrolled.
– people who do community participation under the Ontario Works Act, 1997.
– law enforcement officer (except for the lie detectors arrangements of the ESA, which do use).
– prisoners participating in work or rehabilitation programs, or people who work as part of a sentence or order of a court.
– individuals who hold political, judicial, spiritual or chosen trade union workplaces.
– major junior ice hockey gamers who meet particular conditions related to scholarships.
– people who fulfill the meaning of service consultant or information technology consultant under the ESA if particular conditions are satisfied.
For a complete listing of other individuals not governed by the ESA, please inspect the ESA and its guidelines.
Employee misclassification
Employers are restricted from misclassifying staff members as independent professionals, interns, volunteers or any other type of employee not covered by the ESA.
Find out 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 readily available to assist you:
– The Employment Standards Act Policy and Interpretation Manual is the 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 readily available to address your concerns about the ESA. Information is offered in lots of languages. You can reach the details centre from Monday to Friday, 8:30 a.m.