Your Guide to The Employment Standards Act
This guide is a convenient source of details about essential areas of the ESA. It is for your details and help just. It is not a legal file. If you need information or specific language, please refer to the ESA itself and its guidelines.
This guide should not be utilized as or thought about legal guidance. You might have greater rights under a work contract, cumulative arrangement, the common law or referall.us other legislation. If you’re uncertain about anything in this guide, please speak to a legal representative.
Topics covered by the ESA?
These include:
benefit strategies
bereavement leave
kid death leave
crime-related child disappearance leave
vital illness leave
stated emergency situation leave
domestic or sexual violence leave
the employment requirements poster: distribution requirements
equivalent pay for equivalent work
household caregiver leave
family medical leave
household responsibility leave
suing
hours of work, eating durations and rest periods
contagious illness emergency situation leave
licensing – temporary help agencies and employers
lie detector tests
base pay
non-compete agreements
organ donor leave
overtime pay
payment of salaries
pregnancy and parental leave
public holidays
reservist leave
severance of work
authorized leave
momentary help firms
termination of work and short-term layoffs
pointers or gratuities
getaway.
composed policy on detaching from work.
composed policy on electronic monitoring of employees.
Reprisals are restricted
Employers are prohibited from punishing workers in any method due to the fact that the staff member worked out ESA rights.
Clients of momentary aid companies are prohibited from penalizing assignment employees in any way because the task worker worked out ESA rights.
Recruiters are prohibited from punishing prospective staff members who engage or utilize the recruiter’s services in any method for particular reasons, consisting of asking the recruiter to comply with the Act or investigating about whether a person holds a licence as needed by the ESA.
Employers, clients of short-term help firms and recruiters who devote a reprisal can be:
– ordered to compensate the worker, assignment employee or prospective worker.
– purchased to renew the staff member or task employee (if the reprisal was devoted by a company or client of a short-lived aid company).
– purchased to pay a penalty.
– prosecuted.
Find out more about reprisals.
Greater right or benefit
If a provision in an employment agreement or another Act gives a staff member a greater right or benefit than a minimum work standard under the ESA then that provision uses to the staff member rather of the work requirement.
No waiving of rights
No worker can accept waive or quit their rights under the ESA (for instance, the right to receive overtime pay or public holiday pay). Any such arrangement is null and space.
Enforcement and compliance
of the ESA can result in 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 notice of breach with a financial penalty.
– an order to restore and/or compensate.
– prosecution.
Other workplace-related laws
The ESA includes just a few of the guidelines affecting operate in Ontario. Other provincial and federal legislation governs problems such as workplace health and wellness, 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 learn 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 work environments consist of statutes on income tax, work insurance coverage and the Canada Pension Plan.
To learn more about federal laws, call the Government of Canada details 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 individuals or companies 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 workplaces, radio and tv stations and inter-provincial trains.
– people working under a program authorized by a college of applied arts and innovation or university.
– individuals working under a program that is approved 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 runs the school in which the student is registered.
– individuals who do community participation under the Ontario Works Act, 1997.
– law enforcement officer (except for the lie detectors provisions of the ESA, which do use).
– prisoners participating in work or rehabilitation programs, or individuals who work as part of a sentence or order of a court.
– individuals who hold political, judicial, spiritual or elected trade union offices.
– major junior ice hockey gamers who meet particular conditions associated with scholarships.
– people who meet the definition of business consultant or infotech consultant under the ESA if specific conditions are fulfilled.
For a complete listing of other people not governed by the ESA, please inspect the ESA and its regulations.
Employee misclassification
Employers are restricted from misclassifying employees as independent specialists, interns, volunteers or somalibidders.com any other kind 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 readily available to assist you:
– The Employment Standards Act Policy and Interpretation Manual is the primary recommendation source for 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 answer your concerns about the ESA. Information is readily available in many languages. You can reach the info centre from Monday to Friday, 8:30 a.m.
