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Your Guide to The Employment Standards Act

This guide is a hassle-free source of info about crucial areas of the ESA. It is for your information and employment support just. It is not a legal document. If you require details or precise language, please refer to the ESA itself and its guidelines.

This guide should not be utilized as or considered legal advice. You may have greater rights under a work agreement, collective contract, the common law or other legislation. If you’re uncertain about anything in this guide, please talk with a legal representative.

Topics covered by the ESA?

These include:

benefit plans

bereavement leave

kid death leave

crime-related child disappearance leave

critical health problem leave

stated emergency situation leave

domestic or sexual violence leave

the work requirements poster: distribution requirements

equal spend for equivalent work

family caretaker leave

family medical leave

family duty leave

suing

hours of work, eating periods and rest durations

contagious illness emergency situation leave

licensing – short-term help companies and employers

lie detector tests

minimum wage

non-compete agreements

organ donor leave

overtime pay

payment of earnings

pregnancy and parental leave

public holidays

reservist leave

severance of employment

authorized leave

momentary assistance agencies

termination of work and temporary layoffs

suggestions or gratuities

vacation.

written policy on detaching from work.

composed policy on electronic tracking of staff members.

Reprisals are restricted

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

Clients of temporary assistance agencies are restricted from penalizing project workers in any way because the assignment staff member worked out ESA rights.

Recruiters are forbidden from penalizing potential employees who engage or utilize the employer’s services in any way for specific factors, including asking the recruiter to abide by the Act or inquiring about whether a person holds a licence as needed by the ESA.

Employers, clients of momentary assistance companies and recruiters who commit a reprisal can be:

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

– purchased to reinstate the staff member or task employee (if the reprisal was committed by a company or client of a temporary help company).

– bought to pay a charge.

– prosecuted.

Discover more about reprisals.

Greater right or advantage

If a provision in an employment contract or another Act gives an employee a higher right or advantage than a minimum employment requirement under the ESA then that provision uses to the staff member rather of the employment standard.

No waiving of rights

No worker can accept waive or quit their rights under the ESA (for instance, the right to receive overtime pay or public holiday 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 on which provision of the ESA was contravened. Examples consist of:

– an order to pay.

– a compliance order.

– a ticket.

– a notification of conflict with a financial penalty.

– an order to renew and/or compensate.

– prosecution.

Other workplace-related laws

The ESA consists of just a few of the rules impacting work in Ontario. Other provincial and federal legislation governs concerns such as workplace health and safety, 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.

To learn 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 and the Canada Pension.

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 employees and companies in Ontario are covered by the ESA. However, the ESA does not apply to some people and the individuals or employment organizations they work for, such as:

– staff members and companies in sectors that fall under federal employment law jurisdiction, such as airline companies, banks, employment the service, post workplaces, radio and television 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 profession college registered under the Ontario Career Colleges Act, 2005.

– secondary school students who work under a work experience program authorized by the school board that runs the school in which the trainee is registered.

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

– law enforcement officer (other than for the lie detectors arrangements of the ESA, which do use).

– inmates participating in work or rehab programs, or people who work as part of a sentence or order of a court.

– people who hold political, judicial, religious or elected trade union offices.

– significant junior ice hockey gamers who fulfill specific conditions associated with scholarships.

– people who satisfy the definition of organization expert or infotech expert 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 regulations.

Employee misclassification

Employers are restricted from misclassifying staff members as independent contractors, interns, volunteers or any other kind of worker not covered by the ESA.

Learn more about worker misclassification.

Additional resources

In addition to this guide, the Ministry of Labour, employment Immigration, Training and employment 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 appreciating the interpretation, administration and enforcement of the ESA.

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