Your Guide to The Employment Standards Act

This guide is a practical source of information about crucial areas of the ESA. It is for your information and assistance only. It is not a legal document. If you require information or exact language, please describe the ESA itself and its policies.

This guide ought to not be utilized as or considered legal suggestions. You may have higher rights under an employment agreement, collective agreement, the typical law or other legislation. If you’re not sure about anything in this guide, please talk with a legal representative.

Topics covered by the ESA?

These consist of:

benefit plans

bereavement leave

child death leave

crime-related kid disappearance leave

vital health problem leave

declared emergency situation leave

domestic or sexual violence leave

the work standards poster: circulation requirements

equivalent pay for equal work

household caretaker leave

family medical leave

household duty leave

suing

hours of work, eating durations and rest durations

contagious disease emergency situation leave

licensing – temporary aid companies and recruiters

lie detector tests

base pay

non-compete contracts

organ donor leave

overtime pay

payment of salaries

pregnancy and adult leave

public holidays

reservist leave

severance of employment

authorized leave

short-term help companies

termination of employment and momentary layoffs

suggestions or gratuities

trip.

composed policy on disconnecting from work.

written policy on electronic tracking of staff members.

Reprisals are prohibited

Employers are prohibited from penalizing employees in any method since the worker worked out ESA rights.

Clients of momentary help firms are forbidden from penalizing task staff members in any method since the project staff member worked out ESA rights.

Recruiters are forbidden from punishing prospective employees who engage or utilize the recruiter’s services in any method for certain reasons, consisting of asking the recruiter to adhere to the Act or making inquiries about whether a person holds a licence as required by the ESA.

Employers, clients of short-lived help firms and employers who commit a reprisal can be:

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

– bought to reinstate the employee or project employee (if the reprisal was devoted by a company or customer of a short-term assistance company).

– bought to pay a penalty.

– prosecuted.

Learn more about reprisals.

Greater right or benefit

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

No waiving of rights

No worker can consent to waive or offer up their rights under the ESA (for instance, the right to get overtime pay or public vacation pay). Any such contract 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 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 just a few of the rules affecting work in Ontario. Other provincial and federal legislation governs concerns such as workplace health and safety, 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 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 offices include statutes on income tax, employment insurance coverage 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 use to some individuals and the individuals or organizations they work for, such as:

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

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

– people working under a program that is approved 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 operates the school in which the student is registered.

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

– policeman (except for the lie detectors arrangements of the ESA, which do use).

– inmates taking part 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 gamers who conditions related to scholarships.

– individuals who meet the definition of service expert or details technology specialist under the ESA if certain conditions are fulfilled.

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

Employee misclassification

Employers are restricted from misclassifying employees 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, Immigration, 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 appreciating the interpretation, administration and 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 many languages. You can reach the info centre from Monday to Friday, 8:30 a.m.