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Your Guide to The Employment Standards Act

This guide is a convenient source of info about essential sections of the ESA. It is for your info and help only. It is not a legal file. If you need details or exact language, please refer to the ESA itself and its policies.

This guide ought to not be utilized as or thought about legal recommendations. You might have greater rights under an employment agreement, cumulative arrangement, the typical law or other legislation. If you’re not sure about anything in this guide, job please talk with an attorney.

Topics covered by the ESA?

These include:

advantage plans

bereavement leave

kid death leave

crime-related kid disappearance leave

vital disease leave

stated emergency situation leave

domestic or sexual violence leave

the employment standards poster: distribution requirements

equal pay for equal work

family caretaker leave

family medical leave

household obligation leave

suing

hours of work, consuming periods and pause

infectious illness emergency leave

licensing – temporary aid companies and employers

lie detector tests

base pay

non-compete arrangements

organ donor leave

overtime pay

payment of salaries

pregnancy and adult leave

public holidays

reservist leave

severance of work

ill leave

short-term help firms

termination of employment and short-term layoffs

tips or gratuities

trip.

written policy on disconnecting from work.

composed policy on electronic tracking of employees.

Reprisals are forbidden

Employers are forbidden from punishing workers in any way due to the fact that the staff member worked out ESA rights.

Clients of short-lived aid companies are prohibited from penalizing project staff members in any way due to the fact that the task staff member exercised ESA rights.

Recruiters are prohibited from penalizing potential workers who engage or utilize the employer’s services in any method for specific reasons, including asking the recruiter to abide by the Act or investigating about whether an individual holds a licence as needed by the ESA.

Employers, clients of short-lived assistance companies and recruiters who commit a reprisal can be:

– purchased to compensate the employee, task worker or prospective employee.

– purchased to renew the staff member or project employee (if the reprisal was dedicated by an employer or client of a temporary assistance company).

– bought to pay a charge.

– prosecuted.

Find out more about reprisals.

Greater right or benefit

If a provision in an employment agreement or another Act gives a staff member a greater right or advantage than a minimum work standard under the ESA then that provision applies to the staff member instead of the employment standard.

No waiving of rights

No staff member can agree to waive or quit their rights under the ESA (for example, the right to receive overtime pay or public vacation pay). Any such agreement is null and void.

Enforcement and compliance

Violations of the ESA can lead to .

The kind 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 breach with a monetary charge.

– an order to restore and/or compensate.

– prosecution.

Other workplace-related laws

The ESA includes just some of the rules impacting work in Ontario. Other provincial and federal legislation governs concerns such as workplace health and safety, human rights and labour relations.

Related Ontario laws consist of the:

Occupational Health And Wellness Act.

Workplace Safety and job Insurance Act, 1997.

Labour Relations Act, 1995.

Pay Equity Act.

Human Rights Code.

For additional information about other Ontario laws, contact ServiceOntario:

– Tel: 416-326-1234 (in Toronto).

– Toll-free: job 1-800-267-8097 (in the rest of Ontario).

– online at ServiceOntario.ca.

Federal laws impacting work environments consist of statutes on income tax, employment insurance coverage and the Canada Pension.

For additional information 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 people and individuals or companies they work for, such as:

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

– individuals working under a program approved by a college of used arts and innovation or university.

– individuals working under a program that is approved by a career 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 runs the school in which the trainee is registered.

– people who do neighborhood involvement under the Ontario Works Act, 1997.

– policeman (except for the lie detectors arrangements of the ESA, which do use).

– inmates participating in work or rehab programs, or individuals who work as part of a sentence or order of a court.

– individuals who hold political, judicial, religious or elected trade union workplaces.

– significant junior ice hockey players who meet particular conditions related to scholarships.

– individuals who meet the definition of company expert or information technology expert under the ESA if specific conditions are satisfied.

For a total listing of other people not governed by the ESA, please examine the ESA and its regulations.

Employee misclassification

Employers are restricted from misclassifying workers as independent professionals, interns, volunteers or any other kind of worker not covered by the ESA.

Find out more about worker misclassification.

Additional resources

In addition to this guide, job the Ministry of Labour, Immigration, Training and Skills Development (MLITSD) has additional resources readily available to help you:

– The Employment Standards Act Policy and Interpretation Manual is the main recommendation source for the policies of the Director of Employment Standards appreciating the analysis, administration and enforcement of the ESA.

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