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Your Guide to The Employment Standards Act

This guide is a convenient source of information about crucial areas of the ESA. It is for your details and assistance just. It is not a legal document. If you need information or specific language, please refer to the ESA itself and employment its policies.

This guide should not be utilized as or considered legal guidance. You might have greater rights under a work agreement, cumulative contract, the common law or other legislation. If you’re unsure about anything in this guide, please speak with a legal representative.

Topics covered by the ESA?

These consist of:

benefit strategies

bereavement leave

child death leave

crime-related child disappearance leave

critical illness leave

declared emergency situation leave

domestic or sexual violence leave

the employment standards poster: circulation requirements

equal spend for equal work

family caregiver leave

household medical leave

household obligation leave

filing a claim

hours of work, eating periods and pause

transmittable illness emergency situation leave

licensing – short-lived assistance firms and employers

lie detector tests

minimum wage

non-compete agreements

organ donor employment leave

overtime pay

payment of salaries

pregnancy and parental leave

public vacations

reservist leave

severance of work

sick leave

short-term aid agencies

termination of work and momentary layoffs

tips or gratuities

getaway.

written policy on detaching from work.

written policy on electronic monitoring of employees.

Reprisals are restricted

Employers are restricted from punishing workers in any method because the staff member exercised ESA rights.

Clients of short-term help firms are restricted from punishing task employees in any method due to the fact that the task staff member exercised ESA rights.

Recruiters are forbidden from punishing prospective workers who engage or utilize the recruiter’s services in any method for particular factors, consisting of asking the employer to adhere to the Act or investigating about whether an individual holds a licence as needed by the ESA.

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

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

– bought to restore the worker or task employee (if the reprisal was committed by a company or customer of a temporary assistance agency).

– ordered to pay a charge.

– prosecuted.

Find out more about reprisals.

Greater right or advantage

If a provision in an employment agreement or another Act offers a staff member a greater right or benefit than a minimum work requirement under the ESA then that arrangement applies to the worker rather of the work 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 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 upon 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 some of the rules 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.

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 offices consist of statutes on income tax, work insurance and the Canada Pension.

To learn more about federal laws, employment call the Government of Canada info 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 people and individuals or companies they work for, such as:

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

– individuals working under a program authorized by a college of used arts and technology or university.

– individuals 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 enrolled.

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

– authorities officers (other than for the lie detectors arrangements of the ESA, employment which do use).

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

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

– major junior ice hockey players who fulfill specific conditions connected to scholarships.

– individuals who meet the meaning of business consultant or infotech consultant 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 policies.

Employee misclassification

are prohibited from misclassifying staff members as independent specialists, interns, volunteers or any other type of employee not covered by the ESA.

Find out more about employee misclassification.

Additional resources

In addition to this guide, the Ministry of Labour, Immigration, employment Training and Skills Development (MLITSD) has extra resources available to help 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 interpretation, administration and employment enforcement of the ESA.

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