Your Guide to The Employment Standards Act

This guide is a practical source of details about key areas of the ESA. It is for your details and support only. It is not a legal file. If you require information or precise language, please describe the ESA itself and its policies.

This guide must not be used as or considered legal guidance. You may have higher rights under an employment agreement, cumulative arrangement, the common law or other legislation. If you’re unsure about anything in this guide, please speak to a lawyer.

Topics covered by the ESA?

These include:

advantage strategies

bereavement leave

kid death leave

crime-related kid disappearance leave

crucial disease leave

declared emergency leave

domestic or sexual violence leave

the employment requirements poster: distribution requirements

equal pay for equal work

family caretaker leave

family medical leave

household duty leave

submitting a claim

hours of work, consuming periods and pause

infectious illness emergency leave

licensing – momentary help firms and employers

lie detector tests

base pay

non-compete contracts

organ donor leave

overtime pay

payment of incomes

pregnancy and parental leave

public vacations

reservist leave

severance of work

authorized leave

short-lived assistance firms

termination of employment and short-term layoffs

suggestions or gratuities

trip.

written policy on detaching from work.

written policy on electronic tracking of workers.

Reprisals are prohibited

Employers are restricted from punishing employees in any way because the worker exercised ESA rights.

Clients of short-lived help companies are prohibited from penalizing project employees in any method since the assignment staff member worked out ESA rights.

Recruiters are forbidden from punishing prospective employees who engage or utilize the recruiter’s services in any method for specific factors, including asking the recruiter to adhere to the Act or making questions about whether an individual holds a licence as required by the ESA.

Employers, clients of short-term aid companies and recruiters who dedicate a reprisal can be:

– bought to compensate the staff member, project staff member or potential employee.

– ordered to reinstate the staff member or project staff member (if the reprisal was committed by a company or customer of a short-term assistance agency).

– bought to pay a penalty.

– prosecuted.

Find out more about reprisals.

Greater right or benefit

If an arrangement in an employment agreement or another Act offers an employee a greater right or advantage than a minimum work standard under the ESA then that provision uses to the worker rather of the employment standard.

No waiving of rights

No staff member can accept waive or quit their rights under the ESA (for example, the right to receive overtime pay or employment public holiday pay). Any such agreement is null and space.

Enforcement and compliance

Violations of the ESA can result in enforcement action.

The kind 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 conflict with a financial charge.

– an order to renew and/or compensate.

– prosecution.

Other workplace-related laws

The ESA consists of just a few of the guidelines impacting operate in Ontario. Other provincial and federal legislation governs concerns 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, employment 1995.

Pay Equity Act.

Human Rights Code.

For more details 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 impacting workplaces consist of statutes on earnings 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 workers and employment companies in Ontario are covered by the ESA. However, the ESA does not use to some individuals and individuals or organizations they work for, employment such as:

– workers and employers in sectors that fall under federal employment law jurisdiction, such as airlines, banks, the service, post offices, radio and television stations and inter-provincial railways.

– people working under a program approved by a college of used arts and innovation or university.

– individuals working under a program that is approved by a profession college signed up under the Ontario Career Colleges Act, 2005.

– secondary school students 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 participation under the Ontario Works Act, 1997.

– police officers (except for the lie detectors provisions of the ESA, which do apply).

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

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

– significant junior ice hockey players who satisfy specific conditions associated with scholarships.

– people who satisfy the meaning of company expert or information technology expert under the ESA if certain conditions are met.

For a total listing of other individuals not governed by the ESA, please inspect the ESA and its policies.

Employee misclassification

Employers are restricted from misclassifying workers as independent specialists, interns, volunteers or any other kind of employee 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 extra resources readily available to help you:

– The Employment Standards Act Policy and Interpretation Manual is the main reference source for employment the policies of the Director of Employment Standards respecting the analysis, 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 details centre from Monday to Friday, 8:30 a.m.