Your Guide to The Employment Standards Act

This guide is a hassle-free source of information about essential sections of the ESA. It is for your information and help just. It is not a legal file. If you require details or specific language, please describe the ESA itself and its guidelines.

This guide ought to not be used as or somalibidders.com considered legal guidance. You might have greater rights under an employment agreement, cumulative contract, the typical law or other legislation. If you’re not sure about anything in this guide, please speak with a legal representative.

Topics covered by the ESA?

These consist of:

advantage strategies

bereavement leave

child death leave

crime-related child disappearance leave

critical health problem leave

declared emergency leave

domestic or sexual violence leave

the work standards poster: circulation requirements

equivalent pay for equal work

household caregiver leave

family medical leave

family duty leave

submitting a claim

hours of work, eating periods and pause

transmittable disease emergency leave

licensing – momentary aid agencies and recruiters

lie detector tests

base pay

non-compete arrangements

organ donor leave

overtime pay

payment of wages

pregnancy and parental leave

public vacations

reservist leave

severance of employment

authorized leave

short-term assistance companies

termination of employment and momentary layoffs

ideas or gratuities

trip.

written policy on disconnecting from work.

written policy on electronic tracking of employees.

Reprisals are restricted

Employers are forbidden from punishing workers in any method due to the fact that the worker exercised ESA rights.

Clients of short-lived help agencies are restricted from punishing task staff members in any method since the assignment staff member worked out ESA rights.

Recruiters are restricted from penalizing prospective staff members who engage or utilize the employer’s services in any method for certain factors, 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 short-lived assistance firms and employers who devote a reprisal can be:

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

– purchased to renew the staff member or task employee (if the reprisal was dedicated by a company or client of a short-term assistance company).

– purchased to pay a charge.

– prosecuted.

Learn more about reprisals.

Greater right or benefit

If a provision in an employment agreement or another Act gives a staff member a greater right or advantage than a minimum employment standard under the ESA then that provision uses to the worker instead of the work standard.

No waiving of rights

No worker can accept waive or quit their rights under the ESA (for example, the right to get overtime pay or public holiday pay). Any such contract is null and void.

Enforcement and referall.us compliance

Violations of the ESA can lead to enforcement action.

The type of enforcement action that can be taken depends upon which arrangement of the ESA was contravened. Examples include:

– an order to pay.

– a compliance order.

– a ticket.

– a notice of breach with a monetary charge.

– an order to restore and/or compensate.

– prosecution.

Other workplace-related laws

The ESA consists of only a few of the guidelines impacting operate in Ontario. Other provincial and federal legislation governs issues such as workplace health and security, 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 info 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 consist of statutes on earnings tax, work insurance and the Canada Pension.

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

– staff members 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.

– individuals working under a program authorized by a college of applied arts and technology or university.

– people working under a program that is approved by a profession college signed up under the Ontario Career Colleges Act, 2005.

– secondary school students who work under a work experience program licensed by the school board that runs the school in which the trainee is registered.

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

– law enforcement officer (other than for the lie detectors provisions of the ESA, which do use).

– inmates 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 chosen trade union offices.

– major junior ice hockey gamers who fulfill particular conditions associated with scholarships.

– people who meet the meaning of organization consultant or details innovation consultant under the ESA if particular conditions are fulfilled.

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

Employee misclassification

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

Find out more about employee 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 main referral source for the policies of the Director of Employment Standards respecting the analysis, administration and enforcement of the ESA.

– Staff at the Employment Standards Information Centre are readily available to answer your questions about the ESA. Information is readily available in many languages. You can reach the information centre from Monday to Friday, 8:30 a.m.