Your Guide to The Employment Standards Act

This guide is a convenient source of details about key sections of the ESA. It is for your info and help only. It is not a legal file. If you require details or exact language, please describe the ESA itself and its policies.

This guide must not be used as or considered legal recommendations. You may have greater rights under an employment agreement, collective contract, employment the typical law or other legislation. If you’re unsure about anything in this guide, please speak to an attorney.

Topics covered by the ESA?

These consist of:

advantage plans

bereavement leave

child death leave

crime-related kid disappearance leave

critical illness leave

declared emergency situation leave

domestic or sexual violence leave

the employment standards poster: circulation requirements

equivalent pay for equal work

family caretaker leave

household medical leave

family responsibility leave

suing

hours of work, eating durations and pause

transmittable disease emergency situation leave

licensing – momentary aid companies and employers

lie detector tests

minimum wage

non-compete contracts

organ donor leave

overtime pay

payment of incomes

pregnancy and adult leave

public vacations

reservist leave

severance of employment

authorized leave

short-term help companies

termination of employment and employment short-lived layoffs

suggestions or gratuities

vacation.

composed policy on detaching from work.

written policy on electronic monitoring of workers.

Reprisals are forbidden

Employers are prohibited from penalizing staff members in any way due to the fact that the worker exercised ESA rights.

Clients of temporary aid firms are prohibited from punishing project staff members in any way due to the fact that the task employee exercised ESA rights.

Recruiters are prohibited from punishing prospective workers who engage or utilize the recruiter’s services in any method for certain factors, including asking the employer to comply with the Act or inquiring about whether an individual holds a licence as required by the ESA.

Employers, clients of temporary help companies and recruiters who dedicate a reprisal can be:

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

– ordered to restore the employee or assignment employee (if the reprisal was devoted by an employer or client of a short-term aid company).

– bought to pay a penalty.

– prosecuted.

Find out more about reprisals.

Greater right or advantage

If an arrangement in an employment agreement or another Act provides an employee a higher right or benefit than a minimum work standard under the ESA then that provision applies to the worker instead of the work requirement.

No waiving of rights

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

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 contravention with a monetary penalty.

– an order to restore and/or compensate.

– prosecution.

Other workplace-related laws

The ESA contains just some of the rules affecting work in Ontario. Other provincial and federal legislation governs problems such as workplace health and security, human rights and employment labour relations.

Related Ontario laws consist of the:

Occupational Health And Wellness Act.

Workplace Safety and Insurance Act, 1997.

Labour Relations Act, 1995.

Pay Equity Act.

Human Rights Code.

For employment more details about other Ontario laws, 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 employment the Canada Pension Plan.

To learn more about federal laws, call the Government of Canada info 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 individuals and individuals 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 workplaces, radio and tv stations and inter-provincial trains.

– individuals working under a program authorized by a college of used arts and innovation or university.

– people working under a program that is approved by a career 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 trainee is enrolled.

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

– authorities officers (other than for the lie detectors provisions of the ESA, which do use).

– prisoners taking part in work or rehabilitation programs, or individuals who work as part of a sentence or order of a court.

– individuals who hold political, judicial, spiritual or elected trade union workplaces.

– significant junior ice hockey players who satisfy particular conditions related to scholarships.

– people who meet the meaning of service specialist or info innovation specialist under the ESA if particular conditions are satisfied.

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

Employee misclassification

Employers are forbidden from misclassifying workers as independent specialists, interns, volunteers or any other type of worker not covered by the ESA.

Discover more about employee misclassification.

Additional resources

In addition to this guide, the Ministry of Labour, Immigration, Training and employment Skills Development (MLITSD) has extra resources available to assist 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 analysis, administration and enforcement of the ESA.

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