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  • Founded Date May 8, 1931
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Your Guide to The Employment Standards Act

This guide is a practical source of information about key areas of the ESA. It is for your information and assistance just. It is not a legal file. If you need information or specific language, please describe the ESA itself and its guidelines.

This guide should not be used as or thought about legal recommendations. You may have greater rights under a work contract, collective arrangement, the common law or employment other legislation. If you’re uncertain about anything in this guide, please speak to a legal representative.

Topics covered by the ESA?

These include:

advantage plans

bereavement leave

kid death leave

crime-related kid disappearance leave

vital health problem leave

situation leave

domestic or sexual violence leave

the work requirements poster: circulation requirements

equal pay for equal work

family caregiver leave

family medical leave

household duty leave

submitting a claim

hours of work, consuming durations and pause

transmittable disease emergency leave

licensing – momentary aid agencies and recruiters

lie detector tests

base pay

non-compete agreements

organ donor leave

overtime pay

payment of wages

pregnancy and adult leave

public vacations

reservist leave

severance of employment

authorized leave

short-lived assistance companies

termination of employment and short-term layoffs

tips or gratuities

holiday.

composed policy on detaching from work.

written policy on electronic monitoring of workers.

Reprisals are prohibited

Employers are prohibited from penalizing workers in any method because the employee exercised ESA rights.

Clients of short-lived aid firms are prohibited from penalizing assignment employees in any way due to the fact that the task worker exercised ESA rights.

Recruiters are restricted from punishing prospective staff members who engage or use the recruiter’s services in any method for particular factors, including asking the employer to adhere to the Act or inquiring about whether a person holds a licence as needed by the ESA.

Employers, clients of short-lived aid firms and employers who commit a reprisal can be:

– purchased to compensate the staff member, assignment staff member or potential employee.

– ordered to restore the staff member or task employee (if the reprisal was dedicated by an employer or customer of a short-term assistance company).

– ordered to pay a penalty.

– prosecuted.

Discover more about reprisals.

Greater right or benefit

If a provision in an employment contract or another Act provides a staff member a greater right or advantage than a minimum employment standard under the ESA then that provision applies to the staff member rather of the work 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 public holiday pay). Any such contract 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 notification of contravention with a financial charge.

– an order to reinstate and/or compensate.

– prosecution.

Other workplace-related laws

The ESA contains just some of the rules impacting operate in Ontario. Other provincial and federal legislation governs concerns such as workplace health and wellness, 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 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 workplaces include statutes on earnings tax, employment insurance and the Canada Pension Plan.

For more info about federal laws, call the Government of Canada details line at 1-800-622-6232.

Who is not covered by the ESA?

Most employees 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, such as:

– employees and employers in sectors that fall under federal employment law jurisdiction, such as airline companies, banks, the federal civil service, post offices, radio and tv stations and inter-provincial trains.

– 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 authorized by the school board that operates the school in which the trainee is registered.

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

– policeman (except for the lie detectors arrangements of the ESA, which do apply).

– inmates taking part 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 chosen trade union offices.

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

– people who fulfill the meaning of business specialist or details innovation expert under the ESA if particular conditions are satisfied.

For a complete listing of other people not governed by the ESA, please check the ESA and its regulations.

Employee misclassification

Employers are prohibited from misclassifying staff members as independent professionals, interns, volunteers or any other type of worker not covered by the ESA.

Find out more about employee misclassification.

Additional resources

In addition to this guide, the Ministry of Labour, employment Immigration, Training and Skills Development (MLITSD) has additional resources 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 interpretation, administration and enforcement of the ESA.

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

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