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  • Founded Date September 22, 1960
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Your Guide to The Employment Standards Act

This guide is a practical source of details about key sections of the ESA. It is for your info and help only. It is not a legal file. If you require details or specific language, please describe the ESA itself and its policies.

This guide ought to not be utilized as or thought about legal advice. You may have higher rights under an employment agreement, cumulative arrangement, employment 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:

benefit strategies

bereavement leave

kid death leave

crime-related kid disappearance leave

vital disease leave

declared emergency leave

domestic or sexual violence leave

the employment requirements poster: distribution requirements

equal pay for equivalent work

household caregiver leave

household medical leave

household obligation leave

submitting a claim

hours of work, consuming durations and pause

infectious disease emergency situation leave

licensing – temporary aid companies and recruiters

lie detector tests

minimum wage

non-compete arrangements

organ donor leave

overtime pay

payment of incomes

pregnancy and parental leave

public holidays

reservist leave

severance of work

authorized leave

temporary assistance companies

termination of employment and short-lived layoffs

pointers or employment gratuities

vacation.

written policy on detaching from work.

composed policy on electronic tracking of employees.

Reprisals are forbidden

Employers are restricted from punishing workers in any way because the worker worked out ESA rights.

Clients of short-lived aid firms are restricted from punishing assignment workers in any method due to the fact that the project staff member exercised ESA rights.

Recruiters are prohibited from penalizing prospective employees who engage or utilize the recruiter’s services in any method for specific factors, including 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 momentary assistance companies and employers who dedicate a reprisal can be:

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

– purchased to reinstate the worker or assignment worker (if the reprisal was devoted by an employer or client of a short-term aid firm).

– ordered to pay a charge.

– prosecuted.

Learn more about reprisals.

Greater right or benefit

If an arrangement in a work agreement or another Act gives a staff member a greater 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 staff member can consent to waive or quit their rights under the ESA (for instance, the right to receive overtime pay or public vacation pay). Any such contract is null and void.

Enforcement and compliance

Violations of the ESA can lead to enforcement action.

The type of enforcement action that can be taken depends upon which arrangement of the ESA was contravened. Examples include:

– an order to pay.

– a compliance order.

– a ticket.

– a notification of contravention with a monetary charge.

– an order to restore and/or compensate.

– prosecution.

Other workplace-related laws

The ESA consists of only a few of the rules impacting work in Ontario. Other provincial and federal legislation governs issues such as workplace health and security, 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.

To find out more 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 impacting workplaces include statutes on earnings tax, employment insurance and employment the Canada Pension Plan.

To learn more about federal laws, call the Government of Canada information 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 apply to some people and individuals or companies they work for, such as:

– staff members and companies in sectors that fall under federal employment law jurisdiction, such as airline companies, banks, the federal civil service, post workplaces, radio and television stations 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 approved by a profession college signed up under the Ontario Career Colleges Act, 2005.

– secondary school students 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 community involvement under the Ontario Works Act, 1997.

– authorities officers (other than for the lie detectors arrangements of the ESA, which do apply).

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

– people who hold political, judicial, religious or elected trade union offices.

– major junior ice hockey gamers who meet particular conditions connected to scholarships.

– individuals who fulfill the meaning of organization expert or information innovation specialist under the ESA if particular conditions are satisfied.

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

Employee misclassification

Employers are prohibited from misclassifying staff members as independent contractors, interns, volunteers or any other kind 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 readily available 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 offered to answer your concerns about the ESA. Information is available in lots of languages. You can reach the details centre from Monday to Friday, 8:30 a.m.