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Your Guide to The Employment Standards Act

This guide is a practical source of info about key areas of the ESA. It is for your information and assistance just. It is not a legal file. If you need details or precise language, please describe the ESA itself and its policies.

This guide must not be utilized as or considered legal recommendations. You may have higher rights under an employment agreement, cumulative agreement, the common law or other legislation. If you’re uncertain about anything in this guide, please speak with an attorney.

Topics covered by the ESA?

These include:

benefit plans

bereavement leave

kid death leave

crime-related child disappearance leave

critical illness leave

declared emergency leave

domestic or sexual violence leave

the work requirements poster: distribution requirements

equal pay for equivalent work

household caretaker leave

household medical leave

household duty leave

filing a claim

hours of work, eating periods and pause

infectious illness emergency leave

licensing – short-lived aid agencies and recruiters

lie detector tests

base pay

non-compete agreements

organ donor leave

overtime pay

payment of wages

pregnancy and adult leave

public holidays

reservist leave

severance of work

authorized leave

momentary help firms

termination of work and short-lived layoffs

suggestions or gratuities

trip.

written policy on detaching from work.

written policy on electronic tracking of staff members.

Reprisals are forbidden

Employers are prohibited from penalizing workers in any method because the staff member exercised ESA rights.

Clients of short-term assistance agencies are restricted from penalizing task employees in any method because the assignment staff member worked out ESA rights.

Recruiters are forbidden from punishing potential employees who engage or use the employer’s services in any method for specific reasons, consisting of asking the recruiter to abide by the Act or investigating about whether an individual holds a licence as required by the ESA.

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

– purchased to compensate the employee, assignment worker or prospective worker.

– bought to renew the worker or assignment employee (if the reprisal was dedicated by a company or client of a momentary aid agency).

– ordered to pay a penalty.

– prosecuted.

Find out more about reprisals.

Greater right or advantage

If an arrangement in an employment agreement or employment another Act gives an employee a greater right or advantage than a minimum employment standard under the ESA then that arrangement uses to the worker instead of the work standard.

No waiving of rights

No staff member can consent to waive or quit their rights under the ESA (for employment instance, the right to receive overtime pay or public holiday pay). Any such is null and void.

Enforcement and compliance

Violations of the ESA can lead to enforcement action.

The kind of enforcement action that can be taken depends on which arrangement of the ESA was contravened. Examples include:

– an order to pay.

– a compliance order.

– a ticket.

– a notification of contravention with a financial penalty.

– an order to restore and/or compensate.

– prosecution.

Other workplace-related laws

The ESA includes only a few of the rules impacting operate in Ontario. Other provincial and federal legislation governs problems such as workplace health and safety, 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.

To find out 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 affecting workplaces consist of statutes on earnings 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 workers and employers in Ontario are covered by the ESA. However, the ESA does not use to some people and individuals or organizations they work for, such as:

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

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

– individuals working under a program that is authorized by a profession college registered 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.

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

– policeman (other than for the lie detectors arrangements of the ESA, which do apply).

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

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

– significant junior ice hockey gamers who fulfill particular conditions connected to scholarships.

– people who meet the meaning of service consultant or employment infotech specialist under the ESA if specific conditions are met.

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

Employee misclassification

Employers are prohibited from misclassifying staff members as independent contractors, interns, volunteers or any other kind of worker 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 additional resources readily available to assist you:

– The Employment Standards Act Policy and Interpretation Manual is the main reference source for the policies of the Director of Employment Standards respecting the analysis, administration and enforcement of the ESA.

– Staff at the Employment Standards Information Centre are offered to address your concerns about the ESA. Information is offered in numerous languages. You can reach the information centre from Monday to Friday, 8:30 a.m.

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