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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 assistance just. It is not a legal document. If you require details or exact language, please describe the ESA itself and its policies.

This guide ought to not be used as or thought about legal guidance. You might have higher rights under an employment contract, collective agreement, the typical law or other legislation. If you’re not sure 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 child disappearance leave

vital disease leave

declared emergency leave

domestic or sexual violence leave

the employment standards poster: circulation requirements

equal spend for equal work

family caretaker leave

family medical leave

family obligation leave

submitting a claim

hours of work, eating durations and pause

transmittable illness emergency leave

licensing – short-term help companies and employers

lie detector tests

minimum wage

non-compete arrangements

organ donor leave

overtime pay

payment of salaries

pregnancy and parental leave

public holidays

reservist leave

severance of work

ill leave

temporary aid companies

termination of work and short-term layoffs

suggestions or gratuities

vacation.

written policy on disconnecting from work.

written policy on electronic monitoring of staff members.

Reprisals are prohibited

Employers are prohibited from penalizing workers in any way because the employee worked out ESA rights.

Clients of momentary assistance firms are forbidden from punishing assignment workers in any way since the project worker worked out ESA rights.

Recruiters are prohibited from penalizing prospective staff members who engage or utilize the employer’s services in any method for certain reasons, consisting of asking the recruiter to abide by the Act or making queries about whether a person holds a licence as needed by the ESA.

Employers, customers of momentary aid firms and employers who commit a reprisal can be:

– ordered to compensate the worker, assignment staff member or prospective worker.

– purchased to renew the worker or assignment employee (if the reprisal was committed by an employer or client of a temporary help company).

– bought 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 worker a greater right or advantage than a minimum work standard under the ESA then that arrangement applies to the staff member rather of the employment standard.

No waiving of rights

No staff member can accept waive or quit their rights under the ESA (for instance, the right to get overtime pay or public holiday 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. Examples consist of:

– an order to pay.

– a compliance order.

– a ticket.

– a notice of contravention with a monetary penalty.

– an order to restore and/or compensate.

– prosecution.

Other workplace-related laws

The ESA contains just some 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.

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 impacting workplaces include statutes on income tax, work insurance and the Canada Pension Plan.

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

– employees and employers in sectors that fall under federal work law jurisdiction, such as airline companies, banks, the federal civil service, post workplaces, radio and employment television stations and inter-provincial trains.

– people working under a program approved by a college of used arts and technology or university.

– individuals working under a program that is authorized by a profession college signed up 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 trainee is registered.

– individuals who do community participation under the Ontario Works Act, 1997.

– cops officers (other than for the lie detectors provisions of the ESA, which do use).

– inmates participating in work or rehabilitation programs, or people 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 who fulfill certain conditions connected to scholarships.

– individuals who meet the meaning of company specialist or infotech expert under the ESA if certain conditions are satisfied.

For a complete listing of other people not governed by the ESA, please examine the ESA and employment its policies.

Employee misclassification

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

Learn more about employee misclassification.

Additional resources

In addition to this guide, employment the Ministry of Labour, Immigration, Training and Skills Development (MLITSD) has additional resources offered to help you:

– The Employment Standards Act Policy and Interpretation Manual is the main recommendation source for 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 offered to answer your questions about the ESA. Information is offered in numerous languages. You can reach the details centre from Monday to Friday, 8:30 a.m.