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Your Guide to The Employment Standards Act
This guide is a hassle-free source of information about key areas of the ESA. It is for your information and support just. It is not a legal file. If you need information or exact language, please refer to the ESA itself and its regulations.
This guide ought to not be used as or considered legal suggestions. You might have higher rights under an employment contract, collective arrangement, employment the typical law or other legislation. If you’re not sure about anything in this guide, please talk to a lawyer.
Topics covered by the ESA?
These consist of:
benefit strategies
bereavement leave
child death leave
crime-related child disappearance leave
critical health problem leave
stated emergency situation leave
domestic or sexual violence leave
the employment requirements poster: distribution requirements
equal pay for equivalent work
family caretaker leave
family medical leave
household responsibility leave
submitting a claim
hours of work, consuming periods and pause
contagious illness emergency leave
licensing – momentary assistance agencies and employers
lie detector tests
minimum wage
non-compete contracts
organ donor leave
overtime pay
payment of salaries
pregnancy and adult leave
public holidays
reservist leave
severance of employment
ill leave
momentary aid agencies
termination of work and short-term layoffs
suggestions or gratuities
getaway.
written policy on disconnecting from work.
written policy on electronic monitoring of staff members.
Reprisals are prohibited
Employers are prohibited from penalizing employees in any way due to the fact that the employee worked out ESA rights.
Clients of momentary help agencies are restricted from punishing assignment staff members in any way due to the fact that the assignment worker exercised ESA rights.
Recruiters are restricted from punishing potential workers who engage or use the recruiter’s services in any way for specific reasons, consisting of asking the recruiter to abide by the Act or employment investigating about whether a person holds a licence as needed by the ESA.
Employers, customers of momentary aid firms and employers who commit a reprisal can be:
– bought to compensate the staff member, task staff member or potential employee.
– purchased to renew the employee or project worker (if the reprisal was dedicated by a company or customer of a temporary help firm).
– bought to pay a penalty.
– prosecuted.
Learn more about reprisals.
Greater right or advantage
If a provision in an employment agreement or another Act offers an employee a greater right or advantage than a minimum work standard under the ESA then that arrangement applies to the staff member instead of the work standard.
No waiving of rights
No staff member can consent to waive or quit their rights under the ESA (for instance, the right to get overtime pay or public holiday pay). Any such arrangement is null and space.
Enforcement and compliance
Violations of the ESA can lead to enforcement action.
The kind of enforcement action that can be taken depends on which arrangement of the ESA was contravened. Examples include:
– an order to pay.
– a compliance order.
– a ticket.
– a notice of contravention with a financial charge.
– an order to renew and/or compensate.
– prosecution.
Other workplace-related laws
The ESA consists of just some of the guidelines impacting operate in Ontario. Other provincial and employment federal legislation governs problems such as workplace health and wellness, human rights and labour relations.
Related Ontario laws include the:
Occupational Health And Wellness Act.
Workplace Safety and Insurance Act, 1997.
Labour Relations Act, 1995.
Pay Equity Act.
Human Rights Code.
For more details about other Ontario laws, employment 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, employment insurance coverage and the Canada Pension Plan.
For more info 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 apply to some people and the individuals or companies they work for, such as:
– workers and employers in sectors that fall under federal work law jurisdiction, such as airlines, banks, the federal civil service, post workplaces, radio and and inter-provincial trains.
– people 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 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.
– individuals who do neighborhood involvement under the Ontario Works Act, 1997.
– cops officers (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.
– people who hold political, judicial, spiritual or chosen trade union workplaces.
– major junior ice hockey gamers who fulfill specific conditions connected to scholarships.
– people who meet the meaning of company consultant or infotech consultant under the ESA if certain conditions are satisfied.
For a total listing of other people not governed by the ESA, please examine the ESA and its regulations.
Employee misclassification
Employers are restricted from misclassifying workers as independent specialists, 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 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 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 readily available in numerous languages. You can reach the information centre from Monday to Friday, 8:30 a.m.