This guide is a convenient source of info about crucial areas of the ESA. It is for your info and support just. 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 thought about legal advice. You may have higher rights under an employment agreement, collective agreement, the typical law or other legislation. If you're unsure about anything in this guide, please talk with a legal representative.
Topics covered by the ESA?
These include:
benefit strategies
bereavement leave
kid death leave
crime-related kid disappearance leave
vital illness leave
declared emergency situation leave
domestic or sexual violence leave
the employment requirements poster: distribution requirements
equivalent spend for equal work
family caregiver leave
household medical leave
household responsibility leave
suing
hours of work, eating durations and rest durations
infectious illness emergency situation leave
licensing - short-lived assistance companies and employers
lie detector tests
minimum wage
non-compete contracts
organ donor leave
overtime pay
payment of incomes
pregnancy and adult leave
public holidays
reservist leave
severance of work
sick leave
short-term aid agencies
termination of employment and temporary layoffs
suggestions or gratuities
holiday.
composed policy on detaching from work.
composed policy on electronic monitoring of staff members.
Reprisals are restricted
Employers are prohibited from punishing employees in any way because the employee worked out ESA rights.
Clients of momentary assistance companies are restricted from punishing assignment workers in any way due to the fact that the task employee exercised ESA rights.
Recruiters are forbidden from punishing potential staff members who engage or utilize the recruiter's services in any way for particular reasons, consisting of asking the employer to comply with the Act or investigating about whether a person holds a licence as required by the ESA.
Employers, customers of temporary assistance agencies and recruiters who commit a reprisal can be:
- purchased to compensate the staff member, task employee or prospective worker.
- ordered to restore the employee or assignment employee (if the reprisal was devoted by an employer or client of a short-lived help firm).
- bought to pay a charge.
- prosecuted.
Discover more about reprisals.
Greater right or benefit
If a provision in an employment contract or another Act provides an employee a greater right or advantage than a minimum work standard under the ESA then that provision applies to the employee rather of the employment standard.
No waiving of rights
No employee can consent to waive or quit their rights under the ESA (for example, the right to receive overtime pay or public holiday pay). Any such agreement is null and space.
Enforcement and compliance
Violations 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 contravention with a monetary charge.
- an order to restore and/or compensate.
- prosecution.
Other workplace-related laws
The ESA contains only a few of the rules 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 include the:
Occupational Health And Wellness 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 consist of statutes on earnings tax, employment insurance and the Canada Pension Plan.
For more details about federal laws, 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 people and individuals or organizations they work for, such as:
- staff members and employers in sectors that fall under federal work law jurisdiction, such as airline companies, 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 used arts and trade-britanica.trade technology or university.
- individuals working under a program that is approved by a profession college registered under the Ontario Career Colleges Act, 2005.
- secondary school students who work under a work experience program authorized by the school board that operates the school in which the student is enrolled.
- people who do community involvement under the Ontario Works Act, 1997.
- cops officers (except for the lie detectors arrangements of the ESA, which do use).
- prisoners participating 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 elected trade union workplaces.
- major junior ice hockey players who meet certain conditions related to scholarships.
- individuals who satisfy the definition of company consultant or wiki.team-glisto.com info technology expert under the ESA if particular conditions are fulfilled.
For a total listing of other people not governed by the ESA, please examine the ESA and its regulations.
Employee misclassification
Employers are forbidden from misclassifying staff members as independent contractors, 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, Training and Skills Development (MLITSD) has extra resources available to help you:
- The Employment Standards Act Policy and Interpretation Manual is the primary referral 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 available to answer your concerns about the ESA. Information is available in lots of languages. You can reach the info centre from Monday to Friday, 8:30 a.m.
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Your Guide to The Employment Standards Act
Abby Bancks edited this page 2 weeks ago