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Your Guide to The Employment Standards Act
This guide is a practical source of details about essential sections of the ESA. It is for your details and employment help only. It is not a legal file. If you need information or precise language, please refer to the ESA itself and its guidelines.
This guide ought to not be utilized as or thought about legal advice. You may have greater rights under an employment agreement, cumulative contract, the typical law or other legislation. If you’re unsure about anything in this guide, please speak with a legal representative.
Topics covered by the ESA?
These consist of:
advantage strategies
bereavement leave
kid death leave
crime-related child disappearance leave
important illness leave
declared emergency situation leave
domestic or sexual violence leave
the work requirements poster: circulation requirements
equivalent spend for equivalent work
household caregiver leave
family medical leave
household obligation leave
suing
hours of work, eating periods and rest periods
contagious disease emergency situation leave
licensing – short-lived aid agencies and employers
lie detector tests
base pay
non-compete contracts
organ donor leave
overtime pay
payment of incomes
pregnancy and adult leave
public holidays
reservist leave
of work
sick leave
temporary aid companies
termination of work and short-term layoffs
pointers or gratuities
vacation.
composed policy on disconnecting from work.
written policy on electronic monitoring of workers.
Reprisals are prohibited
Employers are forbidden from punishing workers in any way since the staff member exercised ESA rights.
Clients of momentary help firms are forbidden from punishing project workers in any way because the assignment staff member worked out ESA rights.
Recruiters are prohibited from penalizing potential staff members who engage or employment use the employer’s services in any way for certain reasons, including asking the employer to comply with the Act or making queries about whether an individual holds a licence as needed by the ESA.
Employers, customers of short-lived aid agencies and employers who devote a reprisal can be:
– bought to compensate the employee, task staff member or potential staff member.
– ordered to reinstate the worker or task employee (if the reprisal was devoted by an employer or client of a temporary help agency).
– purchased to pay a charge.
– prosecuted.
Learn more about reprisals.
Greater right or benefit
If an arrangement in an employment agreement or another Act provides a staff member a higher right or benefit than a minimum work standard under the ESA then that provision applies to the employee instead of the employment requirement.
No waiving of rights
No staff member can agree to waive or quit their rights under the ESA (for example, the right to receive overtime pay or public holiday pay). Any such contract 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 upon which arrangement of the ESA was contravened. Examples consist of:
– 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 some of the rules affecting operate 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, 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 impacting offices include statutes on earnings tax, work insurance coverage and the Canada Pension.
To find out more about federal laws, call the Government of Canada details 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 use to some individuals and individuals or organizations they work for, such as:
– staff members 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 railways.
– people working under a program approved by a college of applied arts and technology or university.
– people working under a program that is approved by a career 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 student is registered.
– people who do community participation under the Ontario Works Act, 1997.
– policeman (except for the lie detectors provisions of the ESA, which do apply).
– prisoners participating in work or rehabilitation programs, or employment people who work as part of a sentence or order of a court.
– people who hold political, judicial, spiritual or chosen trade union workplaces.
– significant junior ice hockey gamers who meet particular conditions related to scholarships.
– individuals who fulfill the meaning of business specialist or infotech specialist under the ESA if specific conditions are satisfied.
For a complete listing of other people not governed by the ESA, please check the ESA and its policies.
Employee misclassification
Employers are prohibited from misclassifying workers as independent professionals, interns, volunteers or any other type of worker not covered by the ESA.
Learn 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 assist you:
– The Employment Standards Act Policy and Interpretation Manual is the main 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 offered in numerous languages. You can reach the info centre from Monday to Friday, 8:30 a.m.