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Your Guide to The Employment Standards Act

This guide is a hassle-free source of information about crucial sections of the ESA. It is for your information and support just. It is not a legal document. If you need information or specific language, please describe the ESA itself and its policies.

This guide should not be utilized as or thought about legal suggestions. You might have higher rights under an employment contract, cumulative agreement, the typical law or other legislation. If you’re uncertain about anything in this guide, please speak with a lawyer.

Topics covered by the ESA?

These include:

advantage plans

bereavement leave

kid death leave

crime-related child disappearance leave

critical illness leave

declared emergency situation leave

domestic or sexual violence leave

the work standards poster: distribution requirements

equivalent pay for equivalent work

household caretaker leave

household medical leave

household responsibility leave

suing

hours of work, eating durations and rest periods

infectious illness emergency situation leave

licensing – short-term help agencies and employers

lie detector tests

minimum wage

non-compete arrangements

organ donor leave

overtime pay

payment of earnings

pregnancy and employment adult leave

public vacations

reservist leave

severance of employment

authorized leave

momentary help firms

termination of work and short-lived layoffs

tips or gratuities

holiday.

composed policy on disconnecting from work.

composed policy on electronic monitoring of staff members.

Reprisals are forbidden

Employers are prohibited from penalizing staff members in any method since the staff member exercised ESA rights.

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

Recruiters are forbidden from punishing prospective workers who engage or utilize the recruiter’s services in any way for particular factors, employment including asking the recruiter to adhere to the Act or investigating about whether a person holds a licence as required by the ESA.

Employers, clients of short-lived help companies and recruiters who commit a reprisal can be:

– bought to compensate the employee, employment task employee or prospective employee.

– purchased to reinstate the worker or project employee (if the reprisal was dedicated by a company or client of a temporary help firm).

– ordered to pay a charge.

– prosecuted.

Find out more about reprisals.

Greater right or employment advantage

If a provision in a work contract or another Act provides a staff member a higher right or benefit than a minimum employment requirement under the ESA then that arrangement 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 get overtime pay or public vacation pay). Any such contract is null and void.

Enforcement and compliance

Violations of the ESA can lead to enforcement action.

The kind of enforcement action that can be taken depends on which provision of the ESA was contravened. Examples include:

– 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 consists of just a few of the rules affecting work in Ontario. Other provincial and federal legislation governs issues such as workplace health and 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 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 income tax, employment insurance coverage and the Canada Pension.

For more details 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 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 companies in sectors that fall under federal employment law jurisdiction, such as airline companies, banks, the federal civil service, post workplaces, radio and tv stations and inter-provincial trains.

– people working under a program approved 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 trainees who work under a work experience program authorized by the school board that runs the school in which the student is registered.

– people who do community involvement under the Ontario Works Act, 1997.

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

– prisoners 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 chosen trade union workplaces.

– major junior ice hockey gamers who meet specific conditions related to scholarships.

– individuals who satisfy the definition of service specialist or infotech expert under the ESA if certain conditions are fulfilled.

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

Employee misclassification

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

Discover more about employee misclassification.

Additional resources

In addition to this guide, the Ministry of Labour, Immigration, Training and (MLITSD) has extra resources offered to assist you:

– The Employment Standards Act Policy and employment Interpretation Manual is the primary recommendation source for 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 available to answer your concerns about the ESA. Information is offered in many languages. You can reach the info centre from Monday to Friday, 8:30 a.m.

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