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Your Guide to The Employment Standards Act

This guide is a convenient source of information about key areas of the ESA. It is for your information and assistance just. It is not a legal file. If you require information or exact language, please describe the ESA itself and its policies.

This guide ought to not be utilized as or thought about legal recommendations. You may have greater rights under an employment agreement, cumulative agreement, the common law or other legislation. If you’re uncertain about anything in this guide, please speak with a legal representative.

Topics covered by the ESA?

These include:

advantage plans

bereavement leave

kid death leave

crime-related child disappearance leave

vital health problem leave

declared emergency leave

domestic or sexual violence leave

the employment standards poster: employment circulation requirements

equivalent pay for equal work

family caregiver leave

household medical leave

household obligation leave

filing a claim

hours of work, eating durations and employment pause

infectious disease emergency leave

licensing – short-lived assistance firms and recruiters

lie detector tests

minimum wage

non-compete agreements

organ donor leave

overtime pay

payment of earnings

pregnancy and parental leave

public holidays

reservist leave

severance of employment

authorized leave

momentary help companies

termination of employment and momentary layoffs

tips or gratuities

holiday.

written policy on disconnecting from work.

written policy on electronic monitoring of staff members.

Reprisals are forbidden

Employers are restricted from penalizing employees in any way due to the fact that the employee worked out ESA rights.

Clients of short-term help firms are restricted from punishing project employees in any way due to the fact that the assignment worker worked out ESA rights.

Recruiters are forbidden from punishing prospective employees who engage or utilize the recruiter’s services in any method for specific reasons, including asking the employer to comply with the Act or investigating about whether a person holds a licence as needed by the ESA.

Employers, customers of temporary assistance firms and recruiters who devote a reprisal can be:

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

– purchased to reinstate the worker or assignment employee (if the reprisal was committed by a company or client of a temporary help agency).

– bought to pay a charge.

– prosecuted.

Learn more about reprisals.

Greater right or benefit

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

No waiving of rights

No staff member can consent to waive or quit their rights under the ESA (for example, the right to get overtime pay or public holiday pay). Any such arrangement 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 on which arrangement of the ESA was contravened. Examples consist of:

– an order to pay.

– a compliance order.

– a ticket.

– a notification of contravention with a monetary penalty.

– an order to restore and/or compensate.

– prosecution.

Other workplace-related laws

The ESA includes just some of the guidelines affecting work in Ontario. Other provincial and federal legislation governs problems such as workplace health and safety, human rights and employment 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 additional 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 offices consist of statutes on income tax, employment insurance and the Canada Pension.

To find out more about federal laws, call the Government of Canada info line at 1-800-622-6232.

Who is not covered by the ESA?

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

– workers and employers in sectors that fall under federal work law jurisdiction, such as airlines, banks, the federal civil service, post offices, radio and television 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 students who work under a work experience program authorized by the school board that operates the school in which the student is enrolled.

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

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

– prisoners 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 elected trade union offices.

– major junior ice hockey gamers who satisfy particular conditions related to scholarships.

– individuals who meet the meaning of company consultant or infotech consultant under the ESA if particular conditions are met.

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

Employee misclassification

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

Find out more about employee misclassification.

Additional resources

In addition to this guide, the Ministry of Labour, Immigration, Training and Skills Development (MLITSD) has additional resources offered 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 respecting the interpretation, administration and enforcement of the ESA.

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