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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.