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Your Guide to The Employment Standards Act

This guide is a convenient 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 require information or exact language, please describe the ESA itself and its guidelines.

This guide needs to not be utilized as or thought about legal suggestions. You might have greater rights under an employment contract, agreement, the common law or other legislation. If you’re unsure about anything in this guide, please talk with a lawyer.

Topics covered by the ESA?

These include:

advantage plans

bereavement leave

child death leave

crime-related child disappearance leave

crucial health problem leave

stated emergency leave

domestic or sexual violence leave

the employment requirements poster: circulation requirements

equal pay for equal work

family caretaker leave

family medical leave

family duty leave

submitting a claim

hours of work, eating durations and rest durations

transmittable illness emergency leave

licensing – short-term help agencies and employers

lie detector tests

minimum wage

non-compete arrangements

organ donor leave

overtime pay

payment of wages

pregnancy and adult leave

public holidays

reservist leave

severance of employment

ill leave

temporary assistance agencies

termination of employment and momentary layoffs

suggestions or gratuities

holiday.

written policy on disconnecting from work.

written policy on electronic tracking of employees.

Reprisals are restricted

Employers are restricted from penalizing staff members in any method due to the fact that the worker worked out ESA rights.

Clients of temporary help agencies are prohibited from punishing assignment workers in any method due to the fact that the project worker exercised ESA rights.

Recruiters are forbidden from penalizing prospective staff members who engage or use the recruiter’s services in any method for certain 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, customers of momentary aid firms and recruiters who devote a reprisal can be:

– bought to compensate the staff member, task employee or potential employee.

– ordered to renew the worker or project staff member (if the reprisal was committed by a company or customer of a short-term assistance company).

– bought to pay a charge.

– prosecuted.

Discover more about reprisals.

Greater right or advantage

If a provision in a work contract or another Act gives an employee a higher right or advantage than a minimum employment requirement under the ESA then that provision applies to the staff member rather of the employment requirement.

No waiving of rights

No employee can accept waive or quit their rights under the ESA (for example, the right to receive overtime pay or public vacation pay). Any such arrangement 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 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 guidelines affecting operate in Ontario. Other provincial and federal legislation governs problems such as workplace health and security, 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 find out more 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 consist of statutes on earnings tax, employment insurance and the Canada Pension Plan.

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

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

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

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

– secondary school trainees who work under a work experience program licensed by the school board that runs the school in which the student is registered.

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

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

– prisoners taking part in work or rehab programs, or individuals who work as part of a sentence or referall.us order of a court.

– individuals who hold political, judicial, religious or chosen trade union offices.

– major junior ice hockey players who meet specific conditions related to scholarships.

– individuals who fulfill the definition of service consultant or details innovation expert under the ESA if particular conditions are fulfilled.

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

Employee misclassification

Employers are restricted from misclassifying staff members as independent contractors, 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 extra resources offered to assist you:

– The Employment Standards Act Policy and Interpretation Manual is the primary referral 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 readily available to address your concerns about the ESA. Information is readily available in numerous languages. You can reach the information centre from Monday to Friday, 8:30 a.m.