Your Guide to The Employment Standards Act

This guide is a convenient source of details about crucial 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 regulations.

This guide should not be used as or thought about legal advice. You might have higher rights under an employment agreement, cumulative arrangement, the typical law or other legislation. If you’re unsure about anything in this guide, please speak with a legal representative.

Topics covered by the ESA?

These include:

advantage strategies

bereavement leave

kid death leave

crime-related kid disappearance leave

vital disease leave

declared emergency situation leave

domestic or sexual violence leave

the work requirements poster: circulation requirements

equivalent pay for job equivalent work

household caregiver leave

family medical leave

family obligation leave

submitting a claim

hours of work, consuming durations and rest durations

transmittable illness emergency leave

licensing – momentary help agencies and employers

lie detector tests

minimum wage

non-compete contracts

organ donor leave

overtime pay

payment of earnings

pregnancy and adult leave

public holidays

reservist leave

severance of work

authorized leave

short-lived aid companies

termination of employment and short-lived layoffs

ideas or gratuities

getaway.

composed policy on detaching from work.

written policy on electronic tracking of staff members.

Reprisals are forbidden

Employers are prohibited from punishing staff members in any method since the staff member exercised ESA rights.

Clients of momentary assistance companies are forbidden from penalizing project staff members in any way because the assignment employee worked out ESA rights.

Recruiters are restricted from punishing potential workers who engage or use the employer’s services in any method for job certain reasons, including asking the employer to abide by the Act or inquiring about whether a person holds a licence as required by the ESA.

Employers, clients of short-lived aid agencies and employers who commit a reprisal can be:

– ordered to compensate the worker, task staff member or prospective staff member.

– bought to restore the employee or assignment employee (if the reprisal was committed by a company or client of a momentary assistance agency).

– bought to pay a penalty.

– prosecuted.

Find out more about reprisals.

Greater right or advantage

If an arrangement in an employment agreement or another Act provides an employee a higher right or benefit than a minimum employment requirement under the ESA then that arrangement applies to the employee rather of the employment requirement.

No waiving of rights

No worker can agree to waive or offer up their rights under the ESA (for instance, the right to get overtime pay or public vacation pay). Any such agreement 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 breach with a monetary penalty.

– an order to renew and/or compensate.

– prosecution.

Other workplace-related laws

The ESA consists of only some of the guidelines affecting operate in Ontario. Other provincial and federal legislation governs issues such as workplace health and wellness, job human rights and labour relations.

Related Ontario laws include the:

Occupational Health and Safety Act.

Workplace Safety and Insurance Act, 1997.

Act, 1995.

Pay Equity Act.

Human Rights Code.

For job 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 impacting workplaces include statutes on earnings tax, work insurance coverage and the Canada Pension Plan.

To find out more about federal laws, call the Government of Canada information line at 1-800-622-6232.

Who is not covered by the ESA?

Most workers and companies in Ontario are covered by the ESA. However, the ESA does not use to some people and the individuals or organizations they work for, such as:

– workers and employers in sectors that fall under federal work law jurisdiction, such as airlines, job banks, the federal civil service, post offices, radio and television stations and inter-provincial railways.

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

– individuals working under a program that is approved 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 student is registered.

– individuals who do community involvement under the Ontario Works Act, 1997.

– police officers (other than for job the lie detectors provisions of the ESA, which do use).

– prisoners taking part in work or rehab programs, job or people who work as part of a sentence or order of a court.

– people who hold political, judicial, religious or chosen trade union workplaces.

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

– people who fulfill the definition of business expert or infotech consultant under the ESA if specific conditions are satisfied.

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

Employee misclassification

Employers are restricted from misclassifying staff members as independent professionals, interns, volunteers or any other kind 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 readily 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 appreciating the interpretation, administration and enforcement of the ESA.

– Staff at the Employment Standards Information Centre are readily available to answer your concerns about the ESA. Information is offered in numerous languages. You can reach the information centre from Monday to Friday, 8:30 a.m.