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Your Guide to The Employment Standards Act
This guide is a practical source of details about essential sections of the ESA. It is for your details and help only. It is not a legal document. If you require information or precise language, please refer to the ESA itself and its guidelines.
This guide needs to not be used as or considered legal guidance. You might have higher rights under an employment agreement, cumulative agreement, employment the common law or other legislation. If you’re unsure about anything in this guide, please speak with a lawyer.
Topics covered by the ESA?
These include:
benefit strategies
bereavement leave
kid death leave
crime-related kid disappearance leave
vital disease leave
declared emergency situation leave
domestic or sexual violence leave
the employment requirements poster: circulation requirements
equal spend for equal work
household caretaker leave
family medical leave
household responsibility leave
suing
hours of work, eating durations and rest durations
infectious disease emergency situation leave
licensing – short-lived assistance firms and employers
lie detector tests
minimum wage
non-compete agreements
organ donor leave
overtime pay
payment of wages
pregnancy and adult leave
public vacations
reservist leave
severance of employment
ill leave
short-term aid companies
termination of employment and momentary layoffs
ideas or gratuities
composed policy on disconnecting from work.
composed policy on electronic tracking of workers.
Reprisals are restricted
Employers are restricted from punishing workers in any way due to the fact that the employee worked out ESA rights.
Clients of momentary assistance agencies are prohibited from punishing task employees in any way due to the fact that the project employee worked out ESA rights.
Recruiters are forbidden from punishing prospective staff members who engage or utilize the recruiter’s services in any method for certain factors, consisting of asking the employer to comply with the Act or making inquiries about whether a person holds a licence as needed by the ESA.
Employers, clients of momentary aid agencies and employment recruiters who devote a reprisal can be:
– purchased to compensate the staff member, project worker or potential worker.
– bought to renew the staff member or assignment employee (if the reprisal was devoted by an employer or client of a short-lived assistance firm).
– bought to pay a penalty.
– prosecuted.
Find out more about reprisals.
Greater right or advantage
If a provision in a work agreement or another Act offers a worker a greater right or benefit than a minimum work standard under the ESA then that arrangement applies to the staff member instead of the employment requirement.
No waiving of rights
No staff member can concur to waive or quit their rights under the ESA (for example, the right to get overtime pay or public vacation pay). Any such arrangement is null and void.
Enforcement and compliance
Violations of the ESA can result in enforcement action.
The type of enforcement action that can be taken depends on which arrangement of the ESA was contravened. Examples consist of:
– an order to pay.
– a compliance order.
– a ticket.
– a notice of breach with a monetary penalty.
– an order to restore and/or compensate.
– prosecution.
Other workplace-related laws
The ESA consists of just 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 include the:
Occupational Health and Safety 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).
– online at ServiceOntario.ca.
Federal laws affecting offices consist of statutes on income tax, employment insurance and the Canada Pension.
For more details about federal laws, call the Government of Canada details line at 1-800-622-6232.
Who is not covered by the ESA?
Most staff members and companies in Ontario are covered by the ESA. However, the ESA does not use to some individuals and the people or companies they work for, such as:
– workers and companies in sectors that fall under federal employment law jurisdiction, such as airlines, banks, the federal civil service, post offices, radio and television stations and inter-provincial trains.
– individuals working under a program authorized by a college of applied arts and innovation or university.
– individuals 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 authorized by the school board that operates the school in which the trainee is registered.
– people who do community participation under the Ontario Works Act, 1997.
– authorities officers (other than for the lie detectors arrangements of the ESA, which do use).
– inmates participating in work or rehabilitation programs, or individuals who work as part of a sentence or order of a court.
– individuals who hold political, judicial, employment religious or chosen trade union offices.
– major junior ice hockey players who satisfy certain conditions related to scholarships.
– people who meet the meaning of company expert or information innovation consultant under the ESA if particular conditions are satisfied.
For a total listing of other people not governed by the ESA, please examine the ESA and its policies.
Employee misclassification
Employers are restricted from misclassifying staff members as independent professionals, interns, volunteers or any other kind of 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 extra resources offered to help 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 employment enforcement of the ESA.
– Staff at the Employment Standards Information Centre are offered to address your concerns about the ESA. Information is offered in lots of languages. You can reach the details centre from Monday to Friday, 8:30 a.m.