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Your Guide to The Employment Standards Act
This guide is a practical source of details about crucial sections of the ESA. It is for your info and help only. It is not a legal file. If you need information or exact language, please describe the ESA itself and its guidelines.
This guide should not be utilized as or thought about legal recommendations. You might have higher rights under an employment agreement, collective agreement, the typical law or other legislation. If you’re unsure about anything in this guide, please speak with a lawyer.
Topics covered by the ESA?
These include:
benefit plans
bereavement leave
kid death leave
crime-related child disappearance leave
vital disease leave
stated emergency leave
domestic or sexual violence leave
the work requirements poster: distribution requirements
equal pay for equivalent work
family caregiver leave
family medical leave
household responsibility leave
suing
hours of work, eating periods and pause
transmittable illness emergency situation leave
licensing – short-term assistance agencies and employers
lie detector tests
base pay
non-compete contracts
organ donor leave
overtime pay
payment of salaries
pregnancy and parental leave
public vacations
reservist leave
severance of employment
authorized leave
short-lived help companies
termination of work and short-term layoffs
suggestions or gratuities
vacation.
written policy on detaching from work.
composed policy on electronic tracking of employees.
Reprisals are forbidden
Employers are forbidden from punishing workers in any way since the worker worked out ESA rights.
Clients of momentary assistance companies are forbidden from penalizing assignment staff members in any method because the task employee worked out ESA rights.
Recruiters are restricted from punishing potential workers who engage or use the recruiter’s services in any way for particular reasons, consisting of asking the to abide by the Act or making questions about whether an individual holds a licence as needed by the ESA.
Employers, clients of temporary help companies and recruiters who commit a reprisal can be:
– bought to compensate the employee, project staff member or prospective employee.
– bought to renew the employee or assignment staff member (if the reprisal was committed by a company or customer of a momentary assistance company).
– bought to pay a charge.
– prosecuted.
Learn more about reprisals.
Greater right or benefit
If an arrangement in an employment agreement or another Act gives a staff member a higher right or advantage than a minimum employment requirement under the ESA then that provision applies to the employee rather of the employment requirement.
No waiving of rights
No employee can concur to waive or quit their rights under the ESA (for example, the right to get overtime pay or public holiday pay). Any such arrangement is null and space.
Enforcement and compliance
Violations of the ESA can result in enforcement action.
The type of enforcement action that can be taken depends upon which provision 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 reinstate 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 problems 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 affecting workplaces consist of statutes on earnings tax, work insurance and the Canada Pension Plan.
For more details about federal laws, call the Government of Canada information line at 1-800-622-6232.
Who is not covered by the ESA?
Most staff members and companies in Ontario are covered by the ESA. However, the ESA does not use to some people and the people or organizations 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 trains.
– people working under a program authorized 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 students who work under a work experience program licensed by the school board that operates the school in which the student is enrolled.
– people who do community participation under the Ontario Works Act, 1997.
– police officers (except for the lie detectors arrangements of the ESA, which do apply).
– inmates participating in work or rehab programs, or individuals who work as part of a sentence or order of a court.
– people who hold political, judicial, referall.us spiritual or chosen trade union workplaces.
– significant junior ice hockey gamers who fulfill certain conditions connected to scholarships.
– individuals who meet the meaning of service expert or infotech consultant under the ESA if specific 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 forbidden from misclassifying employees as independent contractors, interns, volunteers or any other type of worker not covered by the ESA.
Find out more about staff member misclassification.
Additional resources
In addition to this guide, the Ministry of Labour, Immigration, Training and Skills Development (MLITSD) has additional resources readily available to assist you:
– The Employment Standards Act Policy and Interpretation Manual is the primary reference 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 offered to answer your concerns about the ESA. Information is offered in lots of languages. You can reach the information centre from Monday to Friday, 8:30 a.m.