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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 information and support only. It is not a legal document. If you require information or precise language, please describe the ESA itself and its policies.

This guide needs to not be used as or referall.us thought about legal suggestions. You may have higher rights under an employment agreement, collective contract, the typical law or other legislation. If you’re unsure about anything in this guide, please speak to a legal representative.

Topics covered by the ESA?

These consist of:

benefit strategies

bereavement leave

kid death leave

crime-related child disappearance leave

crucial health problem leave

declared emergency leave

domestic or sexual violence leave

the employment standards poster: distribution requirements

equivalent pay for equal work

family caregiver leave

household medical leave

household obligation leave

suing

hours of work, consuming periods and rest periods

contagious illness emergency situation leave

licensing – momentary help companies and employers

lie detector tests

base pay

non-compete contracts

organ donor leave

overtime pay

payment of earnings

pregnancy and adult leave

public holidays

reservist leave

severance of work

authorized leave

short-term aid companies

termination of work and short-term layoffs

pointers or gratuities

getaway.

written policy on disconnecting from work.

written policy on electronic tracking of employees.

Reprisals are prohibited

Employers are prohibited from penalizing workers in any way due to the fact that the employee worked out ESA rights.

Clients of temporary aid firms are forbidden from punishing project workers in any method because the task staff member exercised ESA rights.

Recruiters are prohibited from penalizing prospective employees who engage or use the employer’s services in any method for certain factors, consisting of asking the employer to abide by the Act or making inquiries about whether an individual holds a licence as needed by the ESA.

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

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

– ordered to reinstate the staff member or project worker (if the reprisal was devoted by a company or client of a temporary assistance firm).

– ordered to pay a penalty.

– prosecuted.

Learn more about reprisals.

Greater right or advantage

If an arrangement in an employment agreement or another Act provides a worker a greater right or advantage than a minimum employment requirement under the ESA then that arrangement uses to the staff member instead of the employment standard.

No waiving of rights

No worker can concur to waive or quit their rights under the ESA (for example, the right to get overtime pay or public vacation pay). Any such contract 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. include:

– an order to pay.

– a compliance order.

– a ticket.

– a notice of conflict with a financial charge.

– an order to renew and/or compensate.

– prosecution.

Other workplace-related laws

The ESA consists of only a few of the rules impacting operate in Ontario. Other provincial and federal legislation governs problems 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 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 workplaces include statutes on earnings tax, work insurance coverage and the Canada Pension Plan.

To find out more 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 companies in Ontario are covered by the ESA. However, the ESA does not apply to some individuals and the people or organizations they work for, such as:

– workers 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.

– individuals working under a program approved by a college of applied arts and innovation or university.

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

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

– law enforcement officer (except for the lie detectors arrangements of the ESA, which do apply).

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

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

– significant junior ice hockey gamers who satisfy specific conditions connected to scholarships.

– individuals who fulfill the meaning of service consultant or info technology consultant under the ESA if specific conditions are met.

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

Employee misclassification

Employers are forbidden from misclassifying employees as independent contractors, interns, volunteers or any other type of worker not covered by the ESA.

Learn more about staff member misclassification.

Additional resources

In addition to this guide, the Ministry of Labour, Immigration, Training and Skills Development (MLITSD) has extra resources 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 available to answer your questions about the ESA. Information is offered in numerous languages. You can reach the info centre from Monday to Friday, 8:30 a.m.