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Your Guide to The Employment Standards Act

This guide is a hassle-free source of info about crucial areas of the ESA. It is for your details and assistance only. It is not a legal file. If you need details or precise language, please describe the ESA itself and its policies.

This guide should not be used as or thought about legal advice. You may have higher rights under an employment agreement, cumulative arrangement, the typical law or other legislation. If you’re unsure about anything in this guide, please speak with a lawyer.

Topics covered by the ESA?

These consist of:

advantage strategies

bereavement leave

child death leave

crime-related kid disappearance leave

important disease leave

declared emergency situation leave

domestic or sexual violence leave

the employment requirements poster: circulation requirements

equivalent pay for equal work

household caretaker leave

family medical leave

family obligation leave

suing

hours of work, eating periods and pause

transmittable illness emergency situation leave

licensing – momentary aid companies and employers

lie detector tests

minimum wage

non-compete agreements

organ donor leave

overtime pay

payment of incomes

pregnancy and adult leave

public holidays

reservist leave

severance of employment

authorized leave

short-lived aid agencies

termination of work and short-lived layoffs

suggestions or gratuities

getaway.

written policy on disconnecting from work.

written policy on electronic monitoring of workers.

Reprisals are restricted

Employers are forbidden from punishing employees in any way because the worker exercised ESA rights.

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

Recruiters are prohibited from penalizing potential staff members who engage or use the recruiter’s services in any method for particular factors, including asking the employer to comply with the Act or inquiring about whether a person holds a licence as needed by the ESA.

Employers, clients of temporary aid companies and recruiters who dedicate a reprisal can be:

– bought to compensate the worker, assignment worker or potential worker.

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

– ordered to pay a charge.

– prosecuted.

Discover more about reprisals.

Greater right or benefit

If a provision in an employment agreement or another Act provides a worker a greater right or benefit than a minimum work requirement under the ESA then that provision uses to the worker rather of the employment requirement.

No waiving of rights

No worker can consent to waive or give up their rights under the ESA (for instance, the right to receive overtime pay or public vacation pay). Any such 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 on which provision of the ESA was contravened. Examples include:

– an order to pay.

– a compliance order.

– a ticket.

– a notification of conflict with a monetary penalty.

– an order to renew and/or compensate.

– prosecution.

Other workplace-related laws

The ESA includes only a few of the rules impacting work in Ontario. Other provincial and federal legislation governs issues such as workplace health and wellness, human rights and labour relations.

Related Ontario laws consist of the:

Occupational Health and Safety Act.

Workplace Safety and Insurance Act, 1997.

Labour Relations Act, 1995.

Pay Equity Act.

Human Rights Code.

For more details 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 consist of statutes on earnings tax, work insurance and the Canada Pension Plan.

For more details about federal laws, 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 the people or companies they work for, such as:

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

– people working under a program approved by a college of used arts and technology or university.

– people working under a program that is authorized by a profession college signed up under the Ontario Career Colleges Act, 2005.

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

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

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

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

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

– significant junior ice hockey players who satisfy certain conditions related to scholarships.

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

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

Employee misclassification

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

Learn more about employee misclassification.

Additional resources

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

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