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Your Guide to The Employment Standards Act

This guide is a convenient source of info about essential sections of the ESA. It is for your details and support only. It is not a legal file. If you need details or precise language, please refer to the ESA itself and its regulations.

This guide needs to not be used as or considered legal recommendations. You might have greater rights under an employment agreement, collective arrangement, the typical law or other legislation. If you’re uncertain about anything in this guide, please speak with a lawyer.

Topics covered by the ESA?

These consist of:

advantage strategies

bereavement leave

kid death leave

crime-related kid disappearance leave

vital illness leave

stated emergency situation leave

domestic or sexual violence leave

the work standards poster: distribution requirements

equivalent spend for equal work

family caretaker leave

family medical leave

household responsibility leave

submitting a claim

hours of work, consuming periods and rest periods

infectious illness emergency leave

licensing – short-lived aid firms and employers

lie detector tests

base pay

non-compete arrangements

organ donor leave

overtime pay

payment of wages

pregnancy and adult leave

public vacations

reservist leave

severance of work

sick leave

short-term assistance firms

termination of work and employment short-term layoffs

suggestions or gratuities

trip.

written policy on disconnecting from work.

composed policy on electronic tracking of workers.

Reprisals are prohibited

Employers are restricted from punishing employees in any way due to the fact that the employee exercised ESA rights.

Clients of momentary aid firms are forbidden from punishing task workers in any method because the task staff member worked out ESA rights.

Recruiters are prohibited from penalizing prospective workers who engage or utilize the employer’s services in any way for particular factors, including asking the recruiter to comply with the Act or making queries about whether a person holds a licence as needed by the ESA.

Employers, clients of short-lived aid companies and recruiters who devote a reprisal can be:

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

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

– bought to pay a penalty.

– prosecuted.

Find out more about reprisals.

Greater right or advantage

If an arrangement in a work agreement or another Act provides an employee a greater right or advantage than a minimum employment standard under the ESA then that arrangement applies to the staff member rather of the employment standard.

No waiving of rights

No worker can accept 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 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 notification of conflict with a monetary charge.

– an order to reinstate and/or compensate.

– prosecution.

Other workplace-related laws

The ESA consists of just a few of the guidelines affecting work in Ontario. Other provincial and federal legislation governs problems such as workplace health and security, human rights and labour relations.

Related Ontario laws consist of 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 affecting work environments include statutes on income tax, work insurance and the Canada Pension Plan.

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

– staff members and employers in sectors that fall under federal employment law jurisdiction, such as airline companies, 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 authorized by a career 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 runs the school in which the trainee is enrolled.

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

– police 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 chosen trade union offices.

– significant junior ice hockey gamers who meet certain conditions related to scholarships.

– people who meet the definition of company consultant or infotech expert under the ESA if certain are satisfied.

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

Employee misclassification

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

Learn more about worker misclassification.

Additional resources

In addition to this guide, the Ministry of Labour, employment Immigration, Training and Skills Development (MLITSD) has extra resources offered to help you:

– The Employment Standards Act Policy and Interpretation Manual is the main referral source for the policies of the Director of Employment Standards respecting the analysis, employment 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 available in many languages. You can reach the details centre from Monday to Friday, employment 8:30 a.m.

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