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Your Guide to The Employment Standards Act

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

This guide ought to not be used as or considered legal suggestions. You might have greater rights under an employment agreement, collective arrangement, the common law or other legislation. If you’re not sure about anything in this guide, please talk with a lawyer.

Topics covered by the ESA?

These include:

advantage strategies

bereavement leave

child death leave

crime-related child disappearance leave

vital disease leave

declared emergency situation leave

domestic or sexual violence leave

the employment standards poster: circulation requirements

equivalent pay for equivalent work

family caregiver leave

household medical leave

household duty leave

submitting a claim

hours of work, job consuming periods and pause

contagious disease emergency situation leave

licensing – short-term aid agencies and recruiters

lie detector tests

base pay

non-compete contracts

organ donor leave

overtime pay

payment of earnings

pregnancy and parental leave

public holidays

reservist leave

severance of work

sick leave

short-lived assistance companies

termination of employment and short-term layoffs

tips or gratuities

holiday.

written policy on disconnecting from work.

written policy on electronic tracking of staff members.

Reprisals are prohibited

Employers are restricted from punishing employees in any method because the worker exercised ESA rights.

Clients of temporary help agencies are restricted from punishing assignment staff members in any method since the project worker exercised ESA rights.

Recruiters are restricted from penalizing prospective employees who engage or utilize the recruiter’s services in any method for certain reasons, including asking the employer to abide by the Act or inquiring about whether an individual holds a licence as required by the ESA.

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

– bought to compensate the staff member, assignment worker or potential worker.

– ordered to restore the worker or assignment staff member (if the reprisal was devoted by a company or customer of a temporary aid company).

– bought to pay a penalty.

– prosecuted.

Learn more about reprisals.

Greater right or benefit

If a provision in an employment agreement or another Act offers an employee a greater right or advantage than a minimum work requirement 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 quit their rights under the ESA (for example, the right to get overtime pay or public vacation pay). Any such agreement is null and space.

Enforcement and compliance

Violations of the ESA can lead to 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 breach with a financial penalty.

– an order to renew and/or compensate.

– prosecution.

Other workplace-related laws

The ESA contains only a few of the rules affecting operate in Ontario. Other provincial and federal legislation governs issues such as workplace health and security, 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 find out 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 affecting offices include statutes on income tax, work insurance coverage and the Canada Pension.

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

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

– people 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 licensed by the school board that operates the school in which the student is enrolled.

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

– police officers (except for the lie detectors arrangements of the ESA, which do apply).

– prisoners taking part in work or rehab 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.

– significant junior job ice hockey gamers who fulfill specific conditions associated with scholarships.

– people who satisfy the meaning of business specialist or infotech specialist under the ESA if certain conditions are satisfied.

For a total of other individuals not governed by the ESA, please inspect the ESA and its policies.

Employee misclassification

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

Learn more about staff member misclassification.

Additional resources

In addition to this guide, the Ministry of Labour, Immigration, Training and Skills Development (MLITSD) has extra resources readily 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 appreciating 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 lots of languages. You can reach the details centre from Monday to Friday, 8:30 a.m.

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