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Your Guide to The Employment Standards Act

This guide is a practical source of information about crucial sections of the ESA. It is for your details and help only. It is not a legal document. If you need details or precise language, please refer to the ESA itself and its regulations.

This guide should not be used as or thought about legal guidance. You may have greater rights under an employment agreement, cumulative agreement, the common law or other legislation. If you’re unsure about anything in this guide, please speak to an attorney.

Topics covered by the ESA?

These include:

benefit plans

bereavement leave

child death leave

crime-related kid disappearance leave

important health problem leave

declared emergency leave

domestic or sexual violence leave

the work standards poster: circulation requirements

equal spend for equal work

family caretaker leave

family medical leave

family responsibility leave

suing

hours of work, consuming durations and pause

transmittable disease emergency leave

licensing – short-term aid firms and employers

lie detector tests

minimum wage

non-compete contracts

organ donor leave

overtime pay

payment of wages

pregnancy and parental leave

public holidays

reservist leave

severance of work

sick leave

temporary aid firms

termination of employment and short-lived layoffs

suggestions or gratuities

trip.

composed policy on detaching from work.

composed policy on electronic tracking of employees.

Reprisals are restricted

Employers are forbidden from penalizing staff members in any way because the staff member worked out ESA rights.

Clients of momentary assistance firms are prohibited from punishing task employees in any method because the project worker worked out ESA rights.

Recruiters are prohibited from penalizing potential staff members who engage or employment utilize the recruiter’s services in any way for specific factors, including asking the recruiter to abide by the Act or inquiring about whether an individual holds a licence as required by the ESA.

Employers, customers of momentary help agencies and employers who commit a reprisal can be:

– bought to compensate the staff member, assignment worker or prospective staff member.

– bought to reinstate the worker or task employee (if the reprisal was dedicated by an employer or client of a temporary help firm).

– ordered to pay a penalty.

– prosecuted.

Learn more about reprisals.

Greater right or benefit

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

No waiving of rights

No employee can accept waive or quit their rights under the ESA (for instance, the right to get overtime pay or employment public holiday pay). Any such agreement is null and void.

Enforcement and compliance

Violations of the ESA can lead to enforcement action.

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 notification of contravention with a financial penalty.

– an order to reinstate and/or compensate.

– prosecution.

Other workplace-related laws

The ESA consists of just a few of the rules impacting operate in Ontario. Other provincial and federal legislation governs concerns 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.

To learn more about other Ontario laws, contact ServiceOntario:

– Tel: employment 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 income 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 employers in Ontario are covered by the ESA. However, the ESA does not use to some individuals and the individuals or companies they work for, such as:

– staff members and employers in sectors that fall under federal work law jurisdiction, such as airlines, banks, the federal civil service, post workplaces, radio and television stations and inter-provincial trains.

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

– individuals working under a program that is authorized by a career college registered under the Ontario Career Colleges Act, 2005.

– secondary school students who work under a work experience by the school board that runs the school in which the trainee is registered.

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

– cops officers (except for the lie detectors arrangements of the ESA, which do apply).

– prisoners participating in work or rehabilitation 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 workplaces.

– significant junior ice hockey players who meet certain conditions associated with scholarships.

– individuals who satisfy the meaning of service expert or infotech expert under the ESA if certain conditions are fulfilled.

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 employees as independent specialists, interns, volunteers or any other kind of worker not covered by the ESA.

Find out more about staff member misclassification.

Additional resources

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

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

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