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Your Guide to The Employment Standards Act

This guide is a practical source of details about essential areas of the ESA. It is for your details and assistance only. It is not a legal document. If you require details or specific language, please refer to the ESA itself and its guidelines.

This guide needs to not be utilized as or thought about legal recommendations. You might have greater rights under an employment agreement, collective arrangement, the common law or other legislation. If you’re unsure about anything in this guide, please talk with a legal representative.

Topics covered by the ESA?

These include:

benefit strategies

bereavement leave

kid death leave

crime-related kid disappearance leave

important health problem leave

stated emergency leave

domestic or sexual violence leave

the employment requirements poster: distribution requirements

pay for equal work

household caregiver leave

household medical leave

household obligation leave

submitting a claim

hours of work, eating periods and rest durations

infectious illness emergency situation leave

licensing – short-term help companies and recruiters

lie detector tests

minimum wage

non-compete arrangements

organ donor leave

overtime pay

payment of earnings

pregnancy and adult leave

public vacations

reservist leave

severance of work

authorized leave

short-term assistance agencies

termination of employment and short-term layoffs

ideas or gratuities

trip.

written policy on detaching from work.

composed policy on electronic tracking of staff members.

Reprisals are forbidden

Employers are forbidden from punishing workers in any method due to the fact that the staff member worked out ESA rights.

Clients of short-lived aid firms are forbidden from punishing task employees in any method due to the fact that the project worker worked out ESA rights.

Recruiters are prohibited from punishing potential staff members who engage or use the recruiter’s services in any way for particular reasons, consisting of asking the recruiter to abide by the Act or investigating about whether an individual holds a licence as needed by the ESA.

Employers, clients of short-term assistance companies and employers who commit a reprisal can be:

– purchased to compensate the worker, project staff member or potential worker.

– purchased to reinstate the employee or referall.us task worker (if the reprisal was committed by a company or client of a short-lived assistance agency).

– bought to pay a penalty.

– prosecuted.

Discover more about reprisals.

Greater right or advantage

If a provision in an employment agreement or another Act gives a worker a higher right or benefit than a minimum employment requirement under the ESA then that provision applies to the staff member instead of the employment requirement.

No waiving of rights

No staff member can consent to waive or provide up their rights under the ESA (for instance, the right to receive overtime pay or public holiday pay). Any such contract is null and space.

Enforcement and compliance

Violations of the ESA can result in enforcement action.

The kind of enforcement action that can be taken depends upon 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 renew and/or compensate.

– prosecution.

Other workplace-related laws

The ESA contains only some of the rules affecting work in Ontario. Other provincial and federal legislation governs issues such as workplace health and security, human rights and labour relations.

Related Ontario laws consist of the:

Occupational Health and Safety 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 work environments include statutes on earnings tax, employment insurance coverage and the Canada Pension Plan.

For additional information about federal laws, call the Government of Canada details 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 apply to some individuals and the people or organizations they work for, such as:

– staff members and employers in sectors that fall under federal employment law jurisdiction, such as airlines, banks, the federal civil service, post workplaces, radio and tv stations and inter-provincial trains.

– individuals working under a program approved by a college of used arts and technology or university.

– people working under a program that is authorized by a profession college signed up 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 student is registered.

– people who do neighborhood 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 individuals who work as part of a sentence or order of a court.

– people who hold political, judicial, spiritual or elected trade union workplaces.

– major junior ice hockey players who satisfy certain conditions connected to scholarships.

– individuals who satisfy the definition of service specialist or info innovation expert under the ESA if particular conditions are fulfilled.

For a total listing of other individuals not governed by the ESA, please examine the ESA and its regulations.

Employee misclassification

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

Find out more about employee 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 primary referral 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 available to answer your questions about the ESA. Information is available in numerous languages. You can reach the info centre from Monday to Friday, 8:30 a.m.