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Your Guide to The Employment Standards Act
This guide is a hassle-free source of details about essential sections of the ESA. It is for your info and assistance only. It is not a legal document. If you need details or exact language, please refer to the ESA itself and its guidelines.
This guide needs to not be utilized as or considered legal guidance. You may have higher rights under an employment agreement, collective contract, the typical law or other legislation. If you’re not sure about anything in this guide, please speak with a legal representative.
Topics covered by the ESA?
These consist of:
benefit strategies
bereavement leave
child death leave
crime-related child disappearance leave
critical illness leave
declared emergency situation leave
domestic or sexual violence leave
the employment standards poster: circulation requirements
equal pay for equivalent work
family caregiver leave
household medical leave
family responsibility leave
suing
hours of work, consuming periods and pause
infectious illness emergency leave
licensing – short-term help companies and employers
lie detector tests
base pay
non-compete contracts
organ donor leave
overtime pay
payment of salaries
pregnancy and adult leave
public vacations
reservist leave
severance of employment
authorized leave
short-term assistance agencies
termination of employment and short-term layoffs
suggestions or gratuities
holiday.
composed policy on disconnecting from work.
written policy on electronic tracking of workers.
Reprisals are prohibited
Employers are prohibited from punishing employees in any method because the staff member exercised ESA rights.
Clients of momentary aid firms are prohibited from punishing project staff members in any way because the task employee exercised ESA rights.
Recruiters are restricted from punishing prospective workers who engage or utilize the recruiter’s services in any way for certain reasons, consisting of asking the recruiter to abide by the Act or investigating about whether a person holds a licence as needed by the ESA.
Employers, customers of temporary aid agencies and employers who commit a reprisal can be:
– purchased to compensate the staff member, assignment employee or potential staff member.
– bought to reinstate the employee or assignment staff member (if the reprisal was committed by an employer or customer of a short-term help firm).
– purchased to pay a charge.
– prosecuted.
Learn more about reprisals.
Greater right or benefit
If a provision in a work contract or another Act gives an employee a higher right or advantage than a minimum work standard under the ESA then that provision uses to the worker instead of the employment standard.
No waiving of rights
No worker can consent to waive or give up their rights under the ESA (for example, the right to receive 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 type of enforcement action that can be taken depends on which provision of the ESA was contravened. Examples include:
– an order to pay.
– a order.
– a ticket.
– a notification of conflict with a monetary charge.
– an order to restore and/or compensate.
– prosecution.
Other workplace-related laws
The ESA includes only some of the guidelines impacting operate in Ontario. Other provincial and employment federal legislation governs issues such as workplace health and employment safety, human rights and labour relations.
Related Ontario laws include the:
Occupational Health and Safety 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 workplaces consist of statutes on income tax, employment insurance and the Canada Pension Plan.
For additional information about federal laws, call the Government of Canada information line at 1-800-622-6232.
Who is not covered by the ESA?
Most workers and employers in Ontario are covered by the ESA. However, the ESA does not apply to some individuals and individuals or organizations they work for, such as:
– staff members and employers in sectors that fall under federal employment law jurisdiction, employment such as airlines, banks, the federal civil service, post offices, radio and television stations and inter-provincial railways.
– people working under a program authorized by a college of used arts and technology or university.
– people working under a program that is authorized by a career college signed up under the Ontario Career Colleges Act, 2005.
– secondary school trainees who work under a work experience program authorized by the school board that operates the school in which the trainee is registered.
– individuals who do community involvement under the Ontario Works Act, 1997.
– policeman (except for the lie detectors provisions of the ESA, employment which do use).
– prisoners taking part in work or rehabilitation programs, or employment people who work as part of a sentence or order of a court.
– individuals who hold political, judicial, spiritual or elected trade union offices.
– major junior ice hockey players who fulfill certain conditions connected to scholarships.
– people who fulfill the definition of organization expert or details innovation specialist under the ESA if specific conditions are satisfied.
For a complete listing of other people not governed by the ESA, please examine the ESA and its policies.
Employee misclassification
Employers are prohibited from misclassifying employees as independent professionals, interns, volunteers or any other type of worker not covered by the ESA.
Learn more about employee misclassification.
Additional resources
In addition to this guide, the Ministry of Labour, Immigration, Training and Skills Development (MLITSD) has additional resources readily available to help you:
– The Employment Standards Act Policy and Interpretation Manual is the primary recommendation source for the policies of the Director of Employment Standards respecting the analysis, employment 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 readily available in many languages. You can reach the details centre from Monday to Friday, 8:30 a.m.