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Your Guide to The Employment Standards Act
This guide is a hassle-free source of information about crucial sections of the ESA. It is for your details and help only. It is not a legal file. If you require information or specific language, please refer to the ESA itself and its guidelines.
This guide must not be used as or thought about legal suggestions. You may have higher rights under an employment agreement, collective arrangement, the common law or employment other legislation. If you’re not sure about anything in this guide, please speak with a lawyer.
Topics covered by the ESA?
These include:
benefit plans
bereavement leave
child death leave
crime-related child disappearance leave
vital health problem leave
stated emergency situation leave
domestic or sexual violence leave
the work standards poster: distribution requirements
equivalent spend for equal work
household caretaker leave
household medical leave
family duty leave
submitting a claim
hours of work, consuming durations and pause
transmittable disease emergency situation leave
licensing – short-term aid agencies and recruiters
lie detector tests
minimum wage
non-compete contracts
organ donor leave
overtime pay
payment of wages
pregnancy and adult leave
public holidays
reservist leave
severance of work
sick leave
momentary help firms
termination of work and momentary layoffs
suggestions or gratuities
getaway.
written policy on disconnecting from work.
written policy on electronic monitoring of workers.
Reprisals are forbidden
Employers are restricted from penalizing workers in any method since the worker worked out ESA rights.
Clients of temporary help companies are prohibited from penalizing project workers in any way because the assignment employee worked out ESA rights.
Recruiters are prohibited from punishing prospective staff members 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 investigating about whether an individual holds a licence as needed by the ESA.
Employers, customers of short-term help firms and recruiters who devote a reprisal can be:
– ordered to compensate the worker, project staff member or potential staff member.
– ordered to renew the employee or project staff member (if the reprisal was devoted by an employer or customer of a short-term assistance company).
– purchased to pay a penalty.
– prosecuted.
Discover more about reprisals.
Greater right or advantage
If an arrangement in a work agreement or another Act provides a worker a greater right or benefit than a minimum employment requirement under the ESA then that provision applies to the worker rather of the work requirement.
No waiving of rights
No staff member can consent to waive or quit their rights under the ESA (for example, the right to receive overtime pay or public holiday pay). Any such is null and void.
Enforcement and compliance
Violations of the ESA can result in enforcement action.
The kind 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 renew and/or compensate.
– prosecution.
Other workplace-related laws
The ESA contains only a few of the guidelines affecting operate in Ontario. Other provincial and federal legislation governs concerns such as workplace health and wellness, 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.
To learn more about other Ontario laws, 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 affecting work environments consist of statutes on income tax, employment insurance and the Canada Pension.
To find out more about federal laws, call the Government of Canada info 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 the individuals or organizations they work for, such as:
– employees and employers in sectors that fall under federal employment law jurisdiction, such as airline companies, banks, employment the federal civil service, post workplaces, radio and television stations and inter-provincial trains.
– individuals working under a program approved by a college of applied arts and employment innovation or university.
– people working under a program that is authorized 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 operates the school in which the trainee is enrolled.
– people who do neighborhood participation under the Ontario Works Act, employment 1997.
– law enforcement officer (other than for the lie detectors arrangements of the ESA, which do apply).
– prisoners participating in work or rehab programs, or people who work as part of a sentence or order of a court.
– people who hold political, judicial, spiritual or elected trade union offices.
– major junior ice hockey players who fulfill specific conditions related to scholarships.
– people who meet the meaning of service consultant or info innovation consultant under the ESA if particular conditions are met.
For a total listing of other individuals not governed by the ESA, please examine the ESA and its guidelines.
Employee misclassification
Employers are restricted from misclassifying workers as independent contractors, employment interns, volunteers or any other type of employee not covered by the ESA.
Learn more about employee misclassification.
Additional resources
In addition to this guide, the Ministry of Labour, Immigration, Training and employment 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 appreciating 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 numerous languages. You can reach the information centre from Monday to Friday, 8:30 a.m.