Your Guide to The Employment Standards Act

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

This guide needs to not be used as or thought about legal guidance. You might have higher rights under a work agreement, collective arrangement, the common law or other legislation. If you’re uncertain about anything in this guide, please speak to a lawyer.

Topics covered by the ESA?

These include:

benefit strategies

bereavement leave

kid death leave

crime-related kid disappearance leave

important illness leave

stated emergency leave

domestic or sexual violence leave

the work standards poster: circulation requirements

equal spend for equivalent work

family caregiver leave

household medical leave

household duty leave

suing

hours of work, eating durations and rest durations

infectious disease emergency leave

licensing – short-term aid agencies and recruiters

lie detector tests

minimum wage

non-compete arrangements

organ donor leave

overtime pay

payment of wages

pregnancy and parental leave

public holidays

reservist leave

severance of employment

authorized leave

momentary assistance companies

termination of work and short-lived layoffs

tips or gratuities

getaway.

written policy on detaching from work.

composed policy on electronic tracking of employees.

Reprisals are prohibited

Employers are forbidden from penalizing employees in any way since the worker exercised ESA rights.

Clients of short-lived help agencies are prohibited from punishing project workers in any way because the assignment staff member exercised ESA rights.

Recruiters are restricted from punishing potential employees who engage or use the employer’s services in any method for certain reasons, consisting of asking the employer to adhere to the Act or inquiring about whether an individual holds a licence as required by the ESA.

Employers, customers of momentary aid companies and employers who dedicate a reprisal can be:

– purchased to compensate the employee, task worker or potential employee.

– bought to renew the employee or task employee (if the reprisal was devoted by a company or customer of a momentary assistance company).

– purchased to pay a charge.

– prosecuted.

Discover more about reprisals.

Greater right or advantage

If an arrangement in an employment contract or another Act offers a staff member a greater right or advantage than a minimum work standard under the ESA then that arrangement applies to the employee rather of the employment requirement.

No waiving of rights

No employee can consent to waive or referall.us quit their rights under the ESA (for instance, 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 kind of enforcement action that can be taken depends on which provision of the ESA was contravened. Examples include:

– an order to pay.

– a compliance order.

– a ticket.

– a notification of conflict with a monetary charge.

– an order to reinstate and/or compensate.

– prosecution.

Other workplace-related laws

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

Related Ontario laws consist of the:

Occupational Health And Wellness 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 consist of statutes on earnings tax, employment insurance and the Canada Pension Plan.

To find out more 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 use to some people and individuals or organizations they work for, such as:

– workers and companies in sectors that fall under federal employment law jurisdiction, such as airline companies, banks, the federal civil service, post offices, radio and tv 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 approved by a career college signed up under the Colleges Act, 2005.

– secondary school trainees who work under a work experience program licensed by the school board that operates the school in which the student is registered.

– people 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 rehabilitation programs, or people who work as part of a sentence or order of a court.

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

– major junior ice hockey players who satisfy particular conditions related to scholarships.

– individuals who meet the meaning of organization specialist or somalibidders.com info technology specialist under the ESA if particular conditions are met.

For a complete listing of other people not governed by the ESA, please check the ESA and its guidelines.

Employee misclassification

Employers are prohibited from misclassifying workers as independent contractors, interns, volunteers or any other kind of worker not covered by the ESA.

Discover more about worker misclassification.

Additional resources

In addition to this guide, the Ministry of Labour, Immigration, Training and Skills Development (MLITSD) has additional resources available to help you:

– The Employment Standards Act Policy and Interpretation Manual is the primary recommendation source for the policies of the Director of Employment Standards respecting the interpretation, 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 available in many languages. You can reach the details centre from Monday to Friday, 8:30 a.m.