Your Guide to The Employment Standards Act

This guide is a hassle-free source of information about essential sections of the ESA. It is for employment your details and support only. It is not a legal document. If you require information or exact language, please describe the ESA itself and its guidelines.

This guide should not be used as or employment considered legal advice. You might have greater rights under an employment agreement, cumulative contract, the common law or other legislation. If you’re uncertain 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

critical disease leave

stated emergency leave

domestic or sexual violence leave

the employment requirements poster: distribution requirements

equivalent spend for equivalent work

household caretaker leave

family medical leave

household responsibility leave

filing a claim

hours of work, eating durations and pause

infectious illness emergency situation leave

licensing – momentary assistance agencies and employers

lie detector tests

base pay

non-compete contracts

organ donor leave

overtime pay

payment of wages

pregnancy and adult leave

public holidays

reservist leave

severance of work

sick leave

short-lived assistance firms

termination of work and temporary layoffs

suggestions or employment gratuities

vacation.

written policy on disconnecting from work.

composed policy on electronic tracking of workers.

Reprisals are restricted

Employers are forbidden from punishing employees in any method because the worker worked out ESA rights.

Clients of momentary help companies are restricted from penalizing task workers in any method because the assignment employee worked out ESA rights.

Recruiters are prohibited from punishing prospective workers who engage or use the recruiter’s services in any method for particular reasons, consisting of asking the employer to adhere to the Act or making questions about whether a person holds a licence as needed by the ESA.

Employers, clients of short-lived help companies and recruiters who dedicate a reprisal can be:

– bought to compensate the worker, project employee or potential employee.

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

– bought to pay a penalty.

– prosecuted.

Learn more about reprisals.

Greater right or advantage

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

No waiving of rights

No worker can agree to waive or give up their rights under the ESA (for employment instance, the right to get overtime pay or public vacation 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 arrangement of the ESA was contravened. Examples consist of:

– an order to pay.

– a compliance order.

– a ticket.

– a notification of conflict with a monetary charge.

– an order to restore and/or compensate.

– prosecution.

Other workplace-related laws

The ESA consists of only some 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 include the:

Occupational Health and Safety Act.

Workplace Safety and Insurance Act, 1997.

Labour Relations Act, 1995.

Pay Equity Act.

Human Rights Code.

For additional information 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 work environments consist of statutes on income tax, employment insurance and the Canada Pension.

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

Who is not covered by the ESA?

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

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

– people working under a program authorized by a college of applied 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 authorized by the school board that runs the school in which the trainee is enrolled.

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

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

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

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

– major junior ice hockey players who fulfill specific associated with scholarships.

– people who meet the meaning of service consultant or info innovation consultant under the ESA if particular conditions are met.

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

Employee misclassification

Employers are prohibited from misclassifying employees as independent contractors, interns, volunteers or any other type 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 readily available to help you:

– The Employment Standards Act Policy and Interpretation Manual is the primary recommendation source for employment the policies of the Director of Employment Standards appreciating the analysis, administration and enforcement of the ESA.

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