This guide is a practical source of information about essential sections of the ESA. It is for your details and support just. It is not a legal file. If you need information or exact language, please refer to the ESA itself and its policies.
This guide should not be used as or considered legal guidance. You might have higher rights under an employment agreement, collective contract, forum.altaycoins.com the typical law or valetinowiki.racing other legislation. If you're not sure about anything in this guide, please speak with a legal representative.
Topics covered by the ESA?
These include:
advantage strategies
bereavement leave
kid death leave
crime-related kid disappearance leave
crucial illness leave
declared emergency situation leave
domestic or sexual violence leave
the work standards poster: circulation requirements
equivalent spend for equal work
household caregiver leave
family medical leave
family obligation leave
filing a claim
hours of work, consuming durations and pause
transmittable illness emergency leave
licensing - short-term help agencies and employers
lie detector tests
base pay
non-compete agreements
organ donor leave
overtime pay
payment of wages
pregnancy and adult leave
public holidays
reservist leave
severance of work
ill leave
momentary assistance agencies
termination of employment and short-term layoffs
ideas or forum.batman.gainedge.org gratuities
holiday.
composed policy on disconnecting from work.
written policy on electronic monitoring of staff members.
Reprisals are prohibited
Employers are prohibited from punishing staff members in any way since the employee worked out ESA rights.
Clients of momentary aid firms are prohibited from punishing project staff members in any method due to the fact that the assignment staff member exercised ESA rights.
Recruiters are prohibited from penalizing potential workers who engage or utilize the employer's services in any way for specific reasons, including asking the employer to abide by the Act or investigating about whether an individual holds a licence as required by the ESA.
Employers, clients of momentary aid agencies and recruiters who devote a reprisal can be:
- purchased to compensate the staff member, project staff member or prospective employee.
- purchased to renew the worker or project worker (if the reprisal was committed by an employer or client of a momentary aid agency).
- bought to pay a penalty.
- prosecuted.
Find out more about reprisals.
Greater right or benefit
If a provision in an employment contract or another Act gives an employee a higher right or benefit than a minimum employment requirement under the ESA then that arrangement uses to the employee rather of the work requirement.
No waiving of rights
No employee 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 arrangement 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 include:
- an order to pay.
- a compliance order.
- a ticket.
- a notice of breach with a monetary penalty.
- an order to reinstate and/or compensate.
- prosecution.
Other workplace-related laws
The ESA includes just a few of the guidelines affecting operate in Ontario. Other provincial and federal legislation governs issues such as workplace health and wellness, human rights and 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.
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 impacting offices include statutes on income tax, employment insurance and 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 employers in Ontario are covered by the ESA. However, the ESA does not use to some individuals and the individuals or users.atw.hu companies they work for, such as:
- workers and companies in sectors that fall under federal employment law jurisdiction, such as airlines, banks, the federal civil service, post offices, classihub.in radio and television stations and inter-provincial railways.
- people working under a program authorized by a college of used arts and innovation or university.
- individuals working under a program that is authorized by a profession college signed up 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 student is registered.
- individuals who do neighborhood involvement under the Ontario Works Act, 1997.
- law enforcement officer (except for the lie detectors provisions of the ESA, which do apply).
- inmates taking part in work or rehabilitation programs, or individuals who work as part of a sentence or order of a court.
- people who hold political, judicial, religious or elected trade union workplaces.
- major junior ice hockey gamers who meet certain conditions associated with scholarships.
- individuals who satisfy the meaning of company consultant or information innovation specialist under the ESA if specific conditions are met.
For a total listing of other people not governed by the ESA, please inspect the ESA and its policies.
Employee misclassification
Employers are forbidden from misclassifying staff members as independent contractors, interns, volunteers or any other kind of employee not covered by the ESA.
Discover more about staff member misclassification.
Additional resources
In addition to this guide, the Ministry of Labour, Immigration, Training and Skills Development (MLITSD) has additional resources available to assist 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 analysis, administration and enforcement of the ESA.
- Staff at the Employment Standards Information Centre are readily available to address your concerns about the ESA. Information is available in numerous languages. You can reach the info centre from Monday to Friday, 8:30 a.m.
