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Your Guide to The Employment Standards Act
This guide is a practical source of info about essential areas of the ESA. It is for your details and assistance just. It is not a legal document. If you require information or specific language, please refer to the ESA itself and its policies.
This guide must not be utilized as or thought about legal guidance. You may have higher rights under an employment agreement, collective agreement, the common law or other legislation. If you’re not sure about anything in this guide, please speak to an attorney.
Topics covered by the ESA?
These consist of:
benefit strategies
bereavement leave
kid death leave
crime-related child disappearance leave
crucial health problem leave
declared emergency situation leave
domestic or sexual violence leave
the work requirements poster: circulation requirements
equal pay for equivalent work
family caregiver leave
family medical leave
household obligation leave
submitting a claim
hours of work, eating periods and pause
transmittable disease emergency situation leave
licensing – short-lived assistance companies and recruiters
lie detector tests
base pay
non-compete arrangements
organ donor leave
overtime pay
payment of wages
pregnancy and adult leave
public vacations
reservist leave
severance of employment
authorized leave
short-lived help companies
termination of work and short-lived layoffs
suggestions or gratuities
holiday.
composed policy on detaching from work.
composed policy on electronic tracking of staff members.
Reprisals are forbidden
Employers are restricted from punishing workers in any way since the employee worked out ESA rights.
Clients of short-lived aid agencies are prohibited from punishing assignment staff members in any method due to the fact that the task staff member worked out ESA rights.
Recruiters are prohibited from penalizing potential workers who engage or utilize the recruiter’s services in any method for certain reasons, including asking the employer to abide by the Act or investigating about whether a person holds a licence as required by the ESA.
Employers, customers of short-term aid agencies and recruiters who dedicate a reprisal can be:
– ordered to compensate the worker, assignment worker or prospective employee.
– bought to renew the employee or assignment employee (if the reprisal was committed by a company or client of a short-lived aid agency).
– purchased to pay a penalty.
– prosecuted.
Learn more about reprisals.
Greater right or advantage
If a provision in an employment agreement or another Act gives a staff member a greater right or advantage than a minimum work requirement under the ESA then that provision applies to the staff member instead of the employment requirement.
No waiving of rights
No worker can consent to waive or quit their rights under the ESA (for example, referall.us the right to receive overtime pay or public vacation pay). Any such arrangement 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 notification of breach with a monetary penalty.
– an order to renew and/or compensate.
– prosecution.
Other workplace-related laws
The ESA consists of just a few of the rules affecting work in Ontario. Other provincial and federal legislation governs problems such as workplace health and safety, 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.
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 offices consist of statutes on earnings tax, employment insurance coverage and the Canada Pension.
To find out more 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 people and the individuals or companies they work for, such as:
– staff members and companies in sectors that fall under federal work law jurisdiction, such as airline companies, banks, the federal civil service, post offices, radio and tv stations and inter-provincial railways.
– individuals working under a program authorized by a college of applied arts and technology or university.
– individuals working under a program that is approved by a career college signed up under the Ontario Career Colleges Act, 2005.
– secondary school trainees 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 participation under the Ontario Works Act, 1997.
– policeman (other than for the lie detectors arrangements 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, religious or chosen trade union workplaces.
– major junior ice hockey gamers who fulfill certain conditions associated with scholarships.
– individuals who fulfill the meaning of company expert or infotech consultant under the ESA if specific conditions are satisfied.
For a complete listing of other people not governed by the ESA, please inspect the ESA and its policies.
Employee misclassification
Employers are prohibited from misclassifying staff members as independent contractors, interns, 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 readily available to assist you:
– The Employment Standards Act Policy and Interpretation Manual is the primary referral 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 readily available to answer your concerns about the ESA. Information is offered in numerous languages. You can reach the information centre from Monday to Friday, 8:30 a.m.