Your Guide to The Employment Standards Act

This guide is a practical source of information about of the ESA. It is for your information and help just. It is not a legal document. If you need details or precise language, please describe the ESA itself and its guidelines.

This guide ought to not be used as or considered legal suggestions. You may have higher rights under an employment agreement, cumulative arrangement, the typical law or other legislation. If you’re unsure about anything in this guide, please talk with an attorney.

Topics covered by the ESA?

These include:

benefit plans

bereavement leave

kid death leave

crime-related kid disappearance leave

critical health problem leave

declared emergency situation leave

domestic or sexual violence leave

the employment standards poster: distribution requirements

equivalent spend for equivalent work

family caregiver leave

household medical leave

family duty leave

filing a claim

hours of work, consuming durations and pause

transmittable illness emergency leave

licensing – short-lived aid agencies and employers

lie detector tests

minimum wage

non-compete arrangements

organ donor leave

overtime pay

payment of incomes

pregnancy and adremcareers.com adult leave

public vacations

reservist leave

severance of employment

authorized leave

short-lived assistance firms

termination of work and short-lived layoffs

tips or gratuities

getaway.

composed policy on detaching from work.

written policy on electronic monitoring of workers.

Reprisals are prohibited

Employers are prohibited from punishing staff members in any way because the employee exercised ESA rights.

Clients of short-lived help agencies are restricted from penalizing project staff members in any way because the project employee worked out ESA rights.

Recruiters are restricted from punishing prospective workers who engage or utilize the employer’s services in any method for specific reasons, consisting of asking the employer to comply with the Act or inquiring about whether a person holds a licence as needed by the ESA.

Employers, clients of short-lived help companies and employers who commit a reprisal can be:

– bought to compensate the staff member, project employee or prospective employee.

– purchased to restore the staff member or project employee (if the reprisal was committed by an employer or customer of a short-term assistance agency).

– bought to pay a charge.

– prosecuted.

Find out more about reprisals.

Greater right or advantage

If an arrangement in an employment contract or another Act offers 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 employment requirement.

No waiving of rights

No staff member can accept waive or offer up their rights under the ESA (for instance, the right to receive overtime pay or public vacation 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. Examples include:

– an order to pay.

– a compliance order.

– a ticket.

– a notice of conflict with a monetary charge.

– an order to renew and/or compensate.

– prosecution.

Other workplace-related laws

The ESA includes only a few of the rules affecting work in Ontario. Other provincial and federal legislation governs concerns such as workplace health and wellness, human rights and labour relations.

Related Ontario laws include the:

Occupational Health and Safety Act.

Workplace Safety and Insurance Act, 1997.

Labour Relations Act, somalibidders.com 1995.

Pay Equity Act.

Human Rights Code.

For additional information about other Ontario laws, contact ServiceOntario:

– Tel: referall.us 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, employment insurance coverage and the Canada Pension Plan.

For additional information about federal laws, call the Government of Canada info line at 1-800-622-6232.

Who is not covered by the ESA?

Most staff members and employers in Ontario are covered by the ESA. However, the ESA does not apply to some individuals and individuals or organizations they work for, such as:

– workers and companies in sectors that fall under federal employment law jurisdiction, such as airline companies, banks, the federal civil service, post offices, radio and television stations and inter-provincial railways.

– people working under a program approved by a college of applied 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 trainees who work under a work experience program licensed by the school board that runs the school in which the trainee is registered.

– people who do community involvement under the Ontario Works Act, 1997.

– policeman (except for the lie detectors provisions of the ESA, which do apply).

– inmates participating 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 workplaces.

– major junior ice hockey gamers who satisfy certain conditions related to scholarships.

– individuals who fulfill the definition of business consultant or info innovation specialist under the ESA if certain conditions are satisfied.

For a total listing of other people not governed by the ESA, please inspect the ESA and its regulations.

Employee misclassification

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

Find out more about worker misclassification.

Additional resources

In addition to this guide, the Ministry of Labour, Immigration, Training and Skills Development (MLITSD) has extra 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 available to address your concerns about the ESA. Information is readily available in numerous languages. You can reach the information centre from Monday to Friday, 8:30 a.m.