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Your Guide to The Employment Standards Act
This guide is a convenient source of info about key areas of the ESA. It is for your details and help just. It is not a legal file. If you need details or precise language, please refer to the ESA itself and its guidelines.
This guide must not be utilized as or considered legal advice. You might have greater rights under an employment agreement, cumulative contract, the typical law or other legislation. If you’re uncertain about anything in this guide, please talk with an attorney.
Topics covered by the ESA?
These include:
advantage plans
bereavement leave
kid death leave
crime-related child disappearance leave
important illness leave
stated emergency leave
domestic or sexual violence leave
the work standards poster: distribution requirements
equal spend for employment equivalent work
household caregiver leave
family medical leave
household duty leave
suing
hours of work, consuming periods and rest periods
infectious disease emergency situation leave
licensing – short-lived assistance firms and recruiters
lie detector tests
base pay
organ donor leave
overtime pay
payment of incomes
pregnancy and parental leave
public holidays
reservist leave
severance of employment
authorized leave
temporary assistance companies
termination of work and temporary layoffs
tips or gratuities
holiday.
written policy on disconnecting from work.
composed policy on electronic monitoring of employees.
Reprisals are forbidden
Employers are restricted from punishing workers in any way due to the fact that the staff member worked out ESA rights.
Clients of temporary help agencies are forbidden from penalizing assignment staff members in any way since the assignment worker exercised ESA rights.
Recruiters are prohibited from penalizing potential employees who engage or utilize the employer’s services in any method for particular reasons, consisting of asking the employer to comply with the Act or investigating about whether a person holds a licence as needed by the ESA.
Employers, customers of temporary assistance firms and employers who dedicate a reprisal can be:
– bought to compensate the worker, task employee or potential staff member.
– bought to restore the employee or project staff member (if the reprisal was dedicated by an employer or client of a temporary assistance firm).
– bought to pay a penalty.
– prosecuted.
Find out more about reprisals.
Greater right or benefit
If a provision in a work contract or another Act offers a staff member a greater right or benefit than a minimum employment standard under the ESA then that provision uses to the staff member instead of the work requirement.
No waiving of rights
No worker can accept waive or provide up their rights under the ESA (for example, the right to get overtime pay or public vacation pay). Any such agreement 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 consist of:
– an order to pay.
– a compliance order.
– a ticket.
– a notification of contravention with a monetary charge.
– an order to renew and/or compensate.
– prosecution.
Other workplace-related laws
The ESA includes only some of the guidelines affecting work in Ontario. Other provincial and federal legislation governs concerns such as workplace health and security, 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: employment 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 earnings tax, employment insurance and the Canada Pension Plan.
For more details about federal laws, employment call the Government of Canada information 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 apply to some individuals and employment individuals or organizations they work for, employment such as:
– workers and employers in sectors that fall under federal work law jurisdiction, such as airline companies, banks, the federal civil service, post offices, radio and television stations and inter-provincial railways.
– individuals working under a program approved by a college of used arts and innovation 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 students who work under a work experience program licensed by the school board that operates the school in which the trainee is registered.
– people who do community participation under the Ontario Works Act, 1997.
– policeman (except for the lie detectors provisions of the ESA, which do use).
– prisoners taking part in work or rehab 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 offices.
– significant junior ice hockey players who meet particular conditions connected to scholarships.
– individuals who meet the meaning of organization consultant or infotech expert under the ESA if particular conditions are fulfilled.
For a total listing of other people not governed by the ESA, please inspect the ESA and its guidelines.
Employee misclassification
Employers are prohibited from misclassifying staff members as independent specialists, interns, volunteers or any other type of employee not covered by the ESA.
Find out more about staff member misclassification.
Additional resources
In addition to this guide, the Ministry of Labour, Immigration, employment 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 appreciating the interpretation, administration and enforcement of the ESA.
– Staff at the Employment Standards Information Centre are available to address your concerns about the ESA. Information is available in many languages. You can reach the information centre from Monday to Friday, 8:30 a.m.