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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 information and assistance only. It is not a legal document. If you need information or exact language, please refer to the ESA itself and its regulations.

This guide should not be used as or thought about legal advice. You might have greater rights under a work contract, collective contract, the typical law or other legislation. If you’re unsure about anything in this guide, please speak to a lawyer.

Topics covered by the ESA?

These include:

benefit strategies

bereavement leave

child death leave

crime-related kid disappearance leave

important disease leave

stated emergency situation leave

domestic or sexual violence leave

the employment requirements poster: distribution requirements

equivalent spend for employment equivalent work

household caretaker leave

family medical leave

family responsibility leave

submitting a claim

hours of work, consuming periods and pause

transmittable illness emergency leave

licensing – momentary aid firms and employers

lie detector tests

minimum wage

non-compete contracts

organ donor leave

overtime pay

payment of salaries

pregnancy and adult leave

public holidays

reservist leave

severance of work

sick leave

temporary help companies

termination of work and employment short-lived layoffs

ideas or gratuities

holiday.

written policy on detaching from work.

written policy on electronic tracking of employees.

Reprisals are prohibited

Employers are forbidden from penalizing staff members in any way since the staff member worked out ESA rights.

Clients of temporary help agencies are restricted from penalizing assignment employees in any way since the task worker exercised ESA rights.

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

Employers, clients of short-term assistance firms and employers who devote a reprisal can be:

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

– bought to reinstate the worker or task employee (if the reprisal was committed by an employer or client of a short-lived aid agency).

– bought to pay a charge.

– prosecuted.

Find out more about reprisals.

Greater right or benefit

If an arrangement in an employment agreement or employment another Act gives a worker a greater right or employment advantage than a minimum employment standard under the ESA then that provision uses to the staff member rather of the employment standard.

No waiving of rights

No employee can consent to waive or give up their rights under the ESA (for instance, the right to get overtime pay or public holiday pay). Any such agreement is null and space.

Enforcement and compliance

Violations of the ESA can lead to enforcement action.

The type of enforcement action that can be taken depends upon which provision of the ESA was contravened. Examples include:

– an order to pay.

– a compliance order.

– a ticket.

– a notice of contravention with a financial penalty.

– an order to restore and/or compensate.

– prosecution.

Other workplace-related laws

The ESA contains just some of the guidelines impacting operate in Ontario. Other provincial and federal legislation governs issues 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.

To learn 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 offices include statutes on earnings tax, employment employment insurance coverage and the Canada Pension Plan.

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

Who is not covered by the ESA?

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

– staff members and companies in sectors that fall under federal employment law jurisdiction, such as airlines, employment banks, the federal civil service, post workplaces, radio and television stations and inter-provincial railways.

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

– people working under a program that is authorized by a career college signed up 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 registered.

– individuals who do community participation under the Ontario Works Act, 1997.

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

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

– individuals who hold political, judicial, spiritual or elected trade union workplaces.

– significant junior ice who meet specific conditions associated with scholarships.

– people who fulfill the meaning of service consultant or information technology expert under the ESA if particular conditions are satisfied.

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

Employee misclassification

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

Discover 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 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 analysis, administration and employment enforcement of the ESA.

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

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