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Your Guide to The Employment Standards Act
This guide is a practical source of info about essential sections of the ESA. It is for your info and help just. It is not a legal document. If you need information or job specific language, please describe the ESA itself and its regulations.
This guide needs to not be used as or thought about legal advice. You might have greater rights under a work contract, collective contract, the typical law or other legislation. If you’re not sure about anything in this guide, please speak to a lawyer.
Topics covered by the ESA?
These include:
advantage plans
bereavement leave
child death leave
crime-related child disappearance leave
vital health problem leave
declared emergency situation leave
domestic or sexual violence leave
the work standards poster: distribution requirements
equivalent spend for equivalent work
household caretaker leave
family medical leave
household obligation leave
suing
hours of work, consuming periods and rest durations
contagious disease emergency leave
licensing – temporary aid agencies and recruiters
lie detector tests
minimum wage
non-compete contracts
organ donor leave
overtime pay
payment of incomes
pregnancy and adult leave
public vacations
reservist leave
severance of employment
ill leave
momentary help companies
termination of work and short-term layoffs
ideas or gratuities
holiday.
written policy on disconnecting from work.
composed policy on electronic monitoring of workers.
Reprisals are restricted
Employers are restricted from penalizing staff members in any method because the worker exercised ESA rights.
Clients of short-term aid companies are prohibited from penalizing task workers in any way due to the fact that the project employee worked out ESA rights.
Recruiters are prohibited from punishing potential employees 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 inquiring about whether an individual holds a licence as needed by the ESA.
Employers, clients of short-term help firms and employers who dedicate a reprisal can be:
– purchased to compensate the worker, assignment staff member or potential worker.
– purchased to renew the worker or assignment staff member (if the reprisal was devoted by an employer or client of a temporary aid agency).
– purchased to pay a penalty.
– prosecuted.
Find out more about reprisals.
Greater right or advantage
If a provision in an employment contract or another Act provides an employee a higher right or job benefit than a minimum work standard under the ESA then that provision uses to the worker instead of the employment standard.
No waiving of rights
No worker can agree to waive or offer up their rights under the ESA (for instance, the right to get 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 kind of enforcement action that can be taken depends on which arrangement of the ESA was contravened. include:
– an order to pay.
– a compliance order.
– a ticket.
– a notification of contravention with a monetary charge.
– an order to restore and/or compensate.
– prosecution.
Other workplace-related laws
The ESA contains only some of the guidelines impacting work in Ontario. Other provincial and federal legislation governs concerns 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.
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 impacting workplaces consist of statutes on earnings tax, job employment insurance and the Canada Pension Plan.
To learn more about federal laws, call the Government of Canada info 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 individuals or job organizations they work for, such as:
– employees and companies in sectors that fall under federal employment law jurisdiction, such as airline companies, banks, the federal civil service, post workplaces, radio and tv stations and inter-provincial railways.
– individuals working under a program authorized by a college of applied arts and innovation or university.
– people 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 runs the school in which the student is enrolled.
– individuals who do community involvement under the Ontario Works Act, 1997.
– cops officers (except for the lie detectors arrangements of the ESA, which do apply).
– prisoners taking part in work or rehabilitation programs, or individuals who work as part of a sentence or order of a court.
– people who hold political, judicial, spiritual or elected trade union offices.
– major junior ice hockey gamers who meet specific conditions related to scholarships.
– people who meet the definition of service specialist or infotech specialist under the ESA if certain conditions are satisfied.
For a complete listing of other people not governed by the ESA, please check the ESA and its regulations.
Employee misclassification
Employers are forbidden from misclassifying workers as independent professionals, interns, volunteers or any other type of worker not covered by the ESA.
Discover more about employee misclassification.
Additional resources
In addition to this guide, the Ministry of Labour, Immigration, Training and Skills Development (MLITSD) has additional resources available to assist you:
– The Employment Standards Act Policy and Interpretation Manual is the main referral source for job the policies of the Director of Employment Standards respecting the interpretation, administration and enforcement of the ESA.
– Staff at the Employment Standards Information Centre are available to answer your questions about the ESA. Information is available in lots of languages. You can reach the information centre from Monday to Friday, 8:30 a.m.