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Your Guide to The Employment Standards Act
This guide is a practical source of info about crucial areas of the ESA. It is for your details and job support just. It is not a legal document. If you require information or specific language, please refer to the ESA itself and its guidelines.
This guide needs to not be utilized as or considered legal guidance. You may have higher rights under a work agreement, cumulative agreement, the typical law or other legislation. If you’re uncertain about anything in this guide, please speak with a lawyer.
Topics covered by the ESA?
These consist of:
advantage plans
bereavement leave
kid death leave
crime-related kid disappearance leave
vital health problem leave
stated emergency leave
domestic or sexual violence leave
the employment standards poster: circulation requirements
equal spend for equal work
family caretaker leave
household medical leave
household duty leave
filing a claim
hours of work, eating periods and pause
infectious disease emergency leave
licensing – short-lived assistance companies and recruiters
lie detector tests
base pay
non-compete contracts
organ donor leave
overtime pay
payment of earnings
pregnancy and parental leave
public holidays
reservist leave
severance of work
authorized leave
short-term help companies
termination of employment and short-term layoffs
suggestions or gratuities
getaway.
composed policy on disconnecting from work.
composed policy on electronic tracking of staff members.
Reprisals are forbidden
Employers are restricted from punishing workers in any way due to the fact that the employee worked out ESA rights.
Clients of momentary help agencies are forbidden from punishing assignment staff members in any method since the assignment employee worked out ESA rights.
Recruiters are forbidden from penalizing prospective workers who engage or use the employer’s services in any method for particular factors, job including asking the employer to abide by the Act or making inquiries about whether a person holds a licence as required by the ESA.
Employers, clients of short-term help companies and recruiters who dedicate a reprisal can be:
– ordered to compensate the staff member, project staff member or prospective staff member.
– bought to renew the worker or assignment worker (if the reprisal was committed by a company or client of a short-lived aid company).
– bought to pay a penalty.
– prosecuted.
Find out more about reprisals.
Greater right or benefit
If an arrangement in an employment agreement or another Act gives an employee a higher right or advantage than a minimum work requirement under the ESA then that provision uses to the employee rather of the work requirement.
No waiving of rights
No worker can agree to waive or quit their rights under the ESA (for example, the right to get overtime pay or public vacation pay). Any such agreement 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 provision of the ESA was contravened. Examples consist of:
– an order to pay.
– a compliance order.
– a ticket.
– a notice of breach with a monetary charge.
– an order to restore and/or compensate.
– prosecution.
Other workplace-related laws
The ESA contains only a few of the rules impacting work in Ontario. Other provincial and federal legislation governs problems such as workplace health and wellness, 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.
For additional information about other Ontario laws, job 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 consist of statutes on income tax, work insurance and the Canada Pension Plan.
For additional information about federal laws, call the Government of Canada info 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 and the individuals or organizations 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 workplaces, radio and tv stations and inter-provincial trains.
– people working under a program approved by a college of applied arts and technology or university.
– individuals working under a program that is authorized 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 enrolled.
– people who do community involvement under the Ontario Works Act, 1997.
– policeman (except for the lie detectors arrangements of the ESA, which do use).
– prisoners taking part in work or rehab 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 workplaces.
– significant junior ice hockey gamers who satisfy specific conditions associated with scholarships.
– individuals who meet the definition of company expert or infotech expert under the ESA if certain conditions are fulfilled.
For a total listing of other people not governed by the ESA, please inspect the ESA and its regulations.
Employee misclassification
Employers are restricted from misclassifying employees as independent specialists, interns, volunteers or any other type of employee not covered by the ESA.
Discover more about staff member misclassification.
Additional resources
In addition to this guide, the Ministry of Labour, Immigration, Training and job Skills Development (MLITSD) has extra resources readily available to help you:
– The Employment Standards Act Policy and Interpretation Manual is the main referral 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 available to answer your questions about the ESA. Information is offered in many languages. You can reach the information centre from Monday to Friday, 8:30 a.m.