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Your Guide to The Employment Standards Act

This guide is a hassle-free source of details about key areas of the ESA. It is for your info and assistance just. It is not a legal file. If you need information or precise language, please refer to the ESA itself and its policies.

This guide ought to not be used as or thought about legal advice. You may have greater rights under an employment contract, collective agreement, the common law or other legislation. If you’re not sure about anything in this guide, employment please speak with a lawyer.

Topics covered by the ESA?

These consist of:

advantage plans

bereavement leave

child death leave

crime-related child disappearance leave

important disease leave

stated emergency leave

domestic or sexual violence leave

the work standards poster: distribution requirements

equivalent spend for equivalent work

family caretaker leave

household medical leave

family responsibility leave

filing a claim

hours of work, consuming periods and rest durations

infectious illness emergency situation leave

licensing – short-lived assistance agencies and employers

lie detector tests

minimum wage

non-compete contracts

organ donor employment leave

overtime pay

payment of earnings

pregnancy and parental leave

public holidays

reservist leave

severance of work

ill leave

short-lived assistance agencies

termination of work and temporary layoffs

tips or gratuities

vacation.

composed policy on detaching from work.

written policy on electronic monitoring of workers.

Reprisals are prohibited

Employers are restricted from punishing workers in any method since the employee worked out ESA rights.

Clients of momentary help companies are forbidden from punishing task workers in any method due to the fact that the project staff member exercised ESA rights.

Recruiters are restricted from punishing potential employees who engage or utilize the employer’s services in any way for particular factors, including asking the recruiter to abide by the Act or making inquiries about whether a person holds a licence as needed by the ESA.

Employers, customers of momentary help companies and employers who dedicate a reprisal can be:

– ordered to compensate the employee, assignment staff member or potential worker.

– ordered to renew the employee or assignment staff member (if the reprisal was devoted by an employer or customer of a short-term help company).

– bought to pay a charge.

– prosecuted.

Find out more about reprisals.

Greater right or advantage

If an arrangement in an employment agreement or another Act offers a worker a greater right or advantage than a minimum work requirement under the ESA then that arrangement applies to the employee rather of the work requirement.

No waiving of rights

No worker can accept waive or quit their rights under the ESA (for example, the right to receive overtime pay or employment public vacation pay). Any such arrangement 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 provision of the ESA was contravened. Examples consist of:

– an order to pay.

– a compliance order.

– a ticket.

– a notification of contravention with a financial penalty.

– an order to renew and/or compensate.

– prosecution.

Other workplace-related laws

The ESA includes only a few of the guidelines affecting work 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 Wellness Act.

Workplace Safety and Insurance Act, 1997.

Labour Relations Act, 1995.

Pay Equity Act.

Human Rights Code.

For more info 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, work insurance coverage 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 staff members and companies in Ontario are covered by the ESA. However, the ESA does not use to some people and the individuals or organizations they work for, such as:

– staff members and companies in sectors that fall under federal employment law jurisdiction, employment 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 applied arts and technology 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 operates the school in which the trainee is enrolled.

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

– policeman (other than for the lie detectors provisions of the ESA, which do use).

– prisoners taking part 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.

– major junior ice hockey players who satisfy certain conditions connected to scholarships.

– people who meet the definition of service specialist or infotech expert under the ESA if certain conditions are fulfilled.

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

Employee misclassification

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

Find out 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 assist you:

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

– Staff at the Employment Standards Information Centre are readily available to address 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.