Your Guide to The Employment Standards Act

This guide is a convenient source of details about crucial sections of the ESA. It is for your details and assistance just. 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 utilized as or considered legal recommendations. You might have higher rights under an employment contract, cumulative agreement, the common law or other legislation. If you’re uncertain about anything in this guide, please speak with a lawyer.

Topics covered by the ESA?

These include:

advantage plans

bereavement leave

kid death leave

crime-related kid disappearance leave

important illness leave

stated emergency leave

domestic or sexual violence leave

the work requirements poster: distribution requirements

equivalent spend for equal work

household caretaker leave

family medical leave

household duty leave

filing a claim

hours of work, eating periods and pause

infectious illness emergency leave

licensing – short-term assistance firms and employers

lie detector tests

base pay

non-compete agreements

organ donor leave

overtime pay

payment of wages

pregnancy and adult leave

public vacations

reservist leave

severance of employment

authorized leave

momentary help companies

termination of work and temporary layoffs

pointers or gratuities

getaway.

written policy on detaching from work.

composed policy on electronic monitoring of staff members.

Reprisals are restricted

Employers are restricted from penalizing workers in any method since the staff member worked out ESA rights.

Clients of temporary help firms are prohibited from penalizing project workers in any way because the project employee exercised ESA rights.

Recruiters are restricted from punishing prospective workers who engage or utilize the recruiter’s services in any way for specific factors, consisting of asking the employer to abide by the Act or inquiring about whether an individual holds a licence as required by the ESA.

Employers, clients of temporary assistance companies and employers who commit a reprisal can be:

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

– purchased to renew the worker or task staff member (if the reprisal was dedicated by an employer or customer of a momentary aid firm).

– purchased to pay a charge.

– prosecuted.

Find out more about reprisals.

Greater right or advantage

If an arrangement in an employment agreement or referall.us another Act provides a staff member a higher right or benefit than a minimum employment standard under the ESA then that arrangement applies to the staff member instead of the work standard.

No waiving of rights

No worker 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 space.

Enforcement and compliance

Violations of the ESA can lead to 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 financial penalty.

– an order to renew and/or compensate.

– prosecution.

Other workplace-related laws

The ESA contains only some of the rules impacting work 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 Safety Act.

Workplace Safety and Insurance Act, 1997.

Labour Relations Act, 1995.

Pay Equity Act.

Human Rights Code.

For more info about other Ontario laws, contact ServiceOntario:

– Tel: 416-326-1234 (in Toronto).

– Toll-free: 1-800-267-8097 (in the rest of Ontario).

at ServiceOntario.ca.

Federal laws affecting workplaces consist of statutes on earnings tax, employment insurance coverage and the Canada Pension Plan.

For additional information about federal laws, call the Government of Canada details 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 individuals and individuals or companies they work for, such as:

– workers and employers in sectors that fall under federal work law jurisdiction, somalibidders.com 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 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 authorized by the school board that runs the school in which the student is registered.

– individuals who do neighborhood participation under the Ontario Works Act, 1997.

– law enforcement officer (other than for the lie detectors provisions of the ESA, which do apply).

– inmates 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, religious or elected trade union workplaces.

– significant junior ice hockey gamers who satisfy certain conditions associated with scholarships.

– people who satisfy the definition of service expert or info technology consultant under the ESA if particular conditions are fulfilled.

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

Employee misclassification

Employers are forbidden from misclassifying staff members as independent contractors, interns, volunteers or any other kind of employee 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 offered to help you:

– The Employment Standards Act Policy and Interpretation Manual is the main reference 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 available to answer your concerns about the ESA. Information is available in lots of languages. You can reach the information centre from Monday to Friday, 8:30 a.m.