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Your Guide to The Employment Standards Act
This guide is a convenient source of information about essential areas of the ESA. It is for your details and support only. It is not a legal file. If you need details or exact language, please describe the ESA itself and its policies.
This guide must not be used as or considered legal suggestions. You might have higher rights under an employment agreement, collective agreement, the typical law or referall.us other legislation. If you’re not sure about anything in this guide, please speak with an attorney.
Topics covered by the ESA?
These include:
advantage strategies
bereavement leave
child death leave
crime-related child disappearance leave
critical illness leave
stated emergency situation leave
domestic or sexual violence leave
the employment requirements poster: distribution requirements
equal spend for equal work
household caretaker leave
family medical leave
family responsibility leave
submitting a claim
hours of work, eating durations and rest durations
contagious illness emergency situation leave
licensing – short-lived assistance companies and recruiters
lie detector tests
base pay
non-compete arrangements
organ donor leave
overtime pay
payment of incomes
pregnancy and parental leave
public vacations
reservist leave
severance of employment
sick leave
short-lived assistance firms
termination of work and momentary layoffs
tips or gratuities
holiday.
composed policy on detaching from work.
written policy on electronic monitoring of employees.
Reprisals are prohibited
Employers are prohibited from penalizing employees in any method because the staff member exercised ESA rights.
Clients of momentary assistance firms are restricted from penalizing assignment workers in any method because the project worker exercised ESA rights.
Recruiters are prohibited from punishing prospective workers who engage or use the recruiter’s services in any method for particular reasons, consisting of asking the recruiter to comply with the Act or investigating about whether a person holds a licence as needed by the ESA.
Employers, clients of short-term assistance companies and recruiters who commit a reprisal can be:
– bought to compensate the employee, project employee or prospective worker.
– bought to restore the worker or task employee (if the reprisal was devoted by an employer or customer of a momentary help company).
– purchased to pay a penalty.
– prosecuted.
Discover more about reprisals.
Greater right or advantage
If an arrangement in an employment agreement or another Act gives an employee a higher right or advantage than a minimum employment requirement under the ESA then that provision uses to the staff member rather of the work standard.
No waiving of rights
No staff member can consent to waive or give up their rights under the ESA (for example, the right to receive overtime pay or public holiday pay). Any such contract 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 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 charge.
– an order to reinstate and/or compensate.
– prosecution.
Other workplace-related laws
The ESA includes only some of the guidelines impacting work in Ontario. Other provincial and federal legislation governs issues such as workplace health and wellness, 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.
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 affecting offices consist of statutes on earnings tax, employment insurance coverage and the Canada Pension Plan.
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 staff members and employers in Ontario are covered by the ESA. However, the ESA does not use to some people and individuals or companies they work for, such as:
– staff members and companies in sectors that fall under federal work law jurisdiction, such as airline companies, banks, the federal civil service, post offices, radio and television stations and inter-provincial trains.
– people working under a program authorized by a college of applied arts and innovation or university.
– people working under a program that is authorized by a career college signed up under the Ontario Career Colleges Act, 2005.
– secondary school students who work under a work experience program authorized by the school board that operates the school in which the trainee is enrolled.
– individuals who do community involvement under the Ontario Works Act, 1997.
– policeman (except for the lie detectors arrangements of the ESA, which do apply).
– inmates participating in work or rehabilitation programs, or individuals who work as part of a sentence or order of a court.
– individuals who hold political, judicial, spiritual or chosen trade union offices.
– major junior ice hockey gamers who fulfill certain conditions related to scholarships.
– individuals who fulfill the definition of service specialist or infotech consultant under the ESA if certain conditions are met.
For a total 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 specialists, 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 offered to assist you:
– The Employment Standards Act Policy and Interpretation Manual is the primary reference 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 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.