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Your Guide to The Employment Standards Act

This guide is a hassle-free source of information about crucial sections of the ESA. It is for your details and support just. It is not a legal document. If you need information or exact language, please describe the ESA itself and its policies.

This guide ought to not be used as or considered legal guidance. You might have greater rights under an employment agreement, cumulative arrangement, the common law or other legislation. If you’re unsure about anything in this guide, please talk to a legal representative.

Topics covered by the ESA?

These consist of:

advantage plans

bereavement leave

child death leave

crime-related child disappearance leave

crucial health problem leave

declared emergency leave

domestic or sexual violence leave

the work standards poster: distribution requirements

equal spend for equal work

family caregiver leave

household medical leave

household obligation leave

filing a claim

hours of work, consuming periods and pause

contagious disease emergency leave

licensing – short-lived aid agencies 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

authorized leave

momentary help companies

termination of employment and short-lived layoffs

pointers or gratuities

getaway.

composed policy on disconnecting from work.

composed policy on electronic tracking of workers.

Reprisals are forbidden

Employers are restricted from punishing employees in any method due to the fact that the staff member worked out ESA rights.

Clients of short-term aid companies are prohibited from penalizing assignment employees in any method since the project staff member exercised ESA rights.

Recruiters are restricted from punishing potential workers who engage or utilize the employer’s services in any method for specific factors, consisting of asking the recruiter to adhere to the Act or investigating about whether a person holds a licence as required by the ESA.

Employers, clients of momentary aid firms and recruiters who commit a reprisal can be:

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

– purchased to reinstate the employee or task worker (if the reprisal was devoted by a company or customer of a momentary assistance company).

– purchased to pay a charge.

– prosecuted.

Discover more about reprisals.

Greater right or benefit

If an arrangement in a work or another Act gives a worker a greater right or benefit than a minimum work standard under the ESA then that provision uses to the worker instead of the work standard.

No waiving of rights

No worker can accept waive or quit their rights under the ESA (for instance, the right to receive overtime pay or public vacation pay). Any such agreement is null and space.

Enforcement and compliance

Violations of the ESA can result in enforcement action.

The type of enforcement action that can be taken depends upon 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 financial penalty.

– an order to restore and/or compensate.

– prosecution.

Other workplace-related laws

The ESA includes only some of the guidelines impacting work 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 Wellness Act.

Workplace Safety and Insurance Act, 1997.

Labour Relations Act, 1995.

Pay Equity Act.

Human Rights Code.

For more information 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 workplaces include statutes on earnings tax, employment insurance and the Canada Pension.

For additional 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 employment companies in Ontario are covered by the ESA. However, the ESA does not apply to some individuals and individuals or organizations they work for, such as:

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

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

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

– secondary school trainees who work under a work experience program authorized by the school board that runs the school in which the trainee is enrolled.

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

– law enforcement officer (other than for the lie detectors arrangements of the ESA, which do apply).

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

– people who hold political, judicial, spiritual or employment chosen trade union workplaces.

– significant junior ice hockey players who fulfill certain conditions connected to scholarships.

– individuals who satisfy the definition of organization expert or info innovation specialist under the ESA if certain conditions are satisfied.

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

Employee misclassification

Employers are restricted from misclassifying employees as independent contractors, interns, volunteers or any other type of employee not covered by the ESA.

Learn 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 available to help you:

– The Employment Standards Act Policy and Interpretation Manual is the primary recommendation 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 available in numerous languages. You can reach the info centre from Monday to Friday, 8:30 a.m.

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