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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.