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Your Guide to The Employment Standards Act
This guide is a practical source of info about crucial sections of the ESA. It is for your details and support only. It is not a legal file. If you need details or precise language, please refer to the ESA itself and its regulations.
This guide needs to not be utilized as or thought about legal guidance. You might have greater rights under an employment agreement, cumulative arrangement, employment the common law or other legislation. If you’re unsure about anything in this guide, please speak to a lawyer.
Topics covered by the ESA?
These include:
advantage strategies
bereavement leave
child death leave
crime-related kid disappearance leave
vital health problem leave
stated emergency leave
domestic or sexual violence leave
the work requirements poster: circulation requirements
equivalent pay for equivalent work
household caregiver leave
household medical leave
family obligation leave
suing
hours of work, consuming periods and rest periods
transmittable disease emergency leave
licensing – short-lived aid companies and recruiters
lie detector tests
base pay
non-compete contracts
organ donor leave
overtime pay
payment of earnings
pregnancy and adult leave
public vacations
reservist leave
severance of employment
authorized leave
short-term help firms
termination of employment and momentary layoffs
tips or gratuities
getaway.
composed policy on disconnecting from work.
composed policy on electronic tracking of staff members.
Reprisals are restricted
Employers are prohibited from penalizing workers in any way since the staff member exercised ESA rights.
Clients of short-term assistance companies are forbidden from penalizing assignment staff members in any way since the assignment employee worked out ESA rights.
Recruiters are restricted from penalizing potential workers who engage or utilize the employer’s services in any method for particular factors, including asking the employer to comply with the Act or making questions about whether a person holds a licence as needed by the ESA.
Employers, clients of temporary assistance companies and employment employers who commit a reprisal can be:
– ordered to compensate the employee, task staff member or potential worker.
– bought to restore the staff member or project staff member (if the reprisal was devoted by a company or client of a short-term assistance agency).
– purchased to pay a penalty.
– prosecuted.
Find out more about reprisals.
Greater right or advantage
If a provision in an employment contract or another Act offers a worker a greater right or benefit than a minimum employment standard under the ESA then that arrangement applies to the worker rather of the work standard.
No waiving of rights
No staff member can accept waive or quit their rights under the ESA (for example, the right to get overtime pay or public holiday pay). Any such contract is null and space.
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 notice of conflict with a financial penalty.
– an order to restore and/or compensate.
– prosecution.
Other workplace-related laws
The ESA consists of just a few of the guidelines affecting operate in Ontario. Other provincial and federal legislation governs problems such as workplace health and wellness, 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.
For more details about other Ontario laws, contact ServiceOntario:
– Tel: 416-326-1234 (in Toronto).
– Toll-free: employment 1-800-267-8097 (in the rest of Ontario).
– online at ServiceOntario.ca.
Federal laws affecting offices include statutes on earnings tax, employment insurance and employment the Canada Pension Plan.
For more information about federal laws, call the Government of Canada information line at 1-800-622-6232.
Who is not covered by the ESA?
Most employees 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:
– employees and in sectors that fall under federal work law jurisdiction, such as airlines, banks, the federal civil service, post offices, radio and television stations and inter-provincial railways.
– individuals working under a program approved by a college of applied arts and technology or university.
– people working under a program that is approved by a career college registered under the Ontario Career Colleges Act, 2005.
– secondary school students who work under a work experience program authorized by the school board that runs the school in which the trainee is registered.
– people who do community participation under the Ontario Works Act, 1997.
– policeman (other than for the lie detectors arrangements of the ESA, which do use).
– inmates taking part in work or rehab programs, or individuals who work as part of a sentence or order of a court.
– people who hold political, judicial, spiritual or chosen trade union workplaces.
– major junior ice hockey players who meet certain conditions connected to scholarships.
– individuals who meet the definition of organization consultant or infotech consultant under the ESA if certain conditions are satisfied.
For a complete listing of other people not governed by the ESA, please check the ESA and its guidelines.
Employee misclassification
Employers are prohibited from misclassifying staff members as independent professionals, interns, volunteers or any other kind 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 available to assist you:
– The Employment Standards Act Policy and Interpretation Manual is the main referral source for the policies of the Director of Employment Standards appreciating the interpretation, employment administration and enforcement of the ESA.
– Staff at the Employment Standards Information Centre are offered to address your concerns about the ESA. Information is readily available in many languages. You can reach the details centre from Monday to Friday, 8:30 a.m.