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Your Guide to The Employment Standards Act

This guide is a practical source of details about key areas of the ESA. It is for your details and assistance only. It is not a legal document. If you require details or specific language, please refer to the ESA itself and its policies.

This guide must not be utilized as or thought about legal recommendations. You may have greater rights under an employment agreement, cumulative arrangement, the common law or other legislation. If you’re uncertain about anything in this guide, please talk with a lawyer.

Topics covered by the ESA?

These include:

benefit plans

bereavement leave

kid death leave

crime-related child disappearance leave

critical disease leave

stated emergency leave

domestic or sexual violence leave

the work standards poster: distribution requirements

equal spend for equivalent work

household caretaker leave

family medical leave

family responsibility leave

submitting a claim

hours of work, consuming periods and rest durations

contagious disease emergency situation leave

licensing – temporary assistance agencies and employers

lie detector tests

minimum wage

non-compete contracts

organ donor leave

overtime pay

payment of incomes

pregnancy and parental leave

public holidays

reservist leave

severance of employment

authorized leave

short-lived assistance firms

termination of employment and temporary layoffs

pointers or gratuities

holiday.

composed policy on detaching from work.

composed policy on electronic monitoring of workers.

Reprisals are restricted

Employers are forbidden from punishing employees in any way because the worker worked out ESA rights.

Clients of momentary help agencies are forbidden from punishing assignment staff members in any method because the assignment employee exercised ESA rights.

Recruiters are forbidden from penalizing potential workers who engage or utilize the recruiter’s services in any way for particular reasons, including asking the employer to comply with the Act or employment making queries about whether a person holds a licence as needed by the ESA.

Employers, clients of momentary help firms and employers who devote a reprisal can be:

– purchased to compensate the employee, project staff member or potential staff member.

– ordered to renew the worker or assignment employee (if the reprisal was committed by an employer or client of a temporary aid firm).

– purchased to pay a charge.

– prosecuted.

Learn more about reprisals.

Greater right or advantage

If a provision in a work agreement or another Act offers a staff member a greater right or advantage than a minimum work standard under the ESA then that arrangement uses to the staff member instead of the employment requirement.

No waiving of rights

No staff member can accept 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 void.

Enforcement and compliance

Violations of the ESA can lead to 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 conflict with a financial penalty.

– an order to renew and/or compensate.

– prosecution.

Other workplace-related laws

The ESA includes just some of the rules affecting operate in Ontario. Other provincial and federal legislation governs problems 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 impacting work environments consist of statutes on earnings tax, employment insurance and the Canada Pension Plan.

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 apply to some people and individuals or companies they work for, employment such as:

– workers and companies in sectors that fall under federal employment law jurisdiction, such as airlines, banks, the federal civil service, post offices, employment radio and tv stations and employment inter-provincial trains.

– people 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 student is enrolled.

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

– policeman (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 workplaces.

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

– individuals who meet the meaning of service consultant or information innovation consultant under the ESA if certain conditions are satisfied.

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

Employee misclassification

Employers are forbidden from misclassifying workers as independent specialists, interns, volunteers or employment any other type of worker not covered by the ESA.

Learn more about worker 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 primary reference source for the policies of the Director of Employment Standards the interpretation, administration and enforcement of the ESA.

– Staff at the Employment Standards Information Centre are available to address your concerns about the ESA. Information is available in many languages. You can reach the details centre from Monday to Friday, employment 8:30 a.m.

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