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Your Guide to The Employment Standards Act
This guide is a convenient source of information about key areas of the ESA. It is for your details and support just. It is not a legal document. If you need details or precise language, please refer to the ESA itself and employment its regulations.
This guide needs to not be utilized as or thought about legal recommendations. You may have higher rights under an employment agreement, collective contract, the typical law or other legislation. If you’re not sure about anything in this guide, please speak to a legal representative.
Topics covered by the ESA?
These consist of:
advantage plans
bereavement leave
child death leave
crime-related kid disappearance leave
vital disease leave
stated emergency situation leave
domestic or sexual violence leave
the work requirements poster: circulation requirements
equal pay for equivalent work
household caretaker leave
family medical leave
family obligation leave
filing a claim
hours of work, eating periods and rest durations
infectious disease emergency situation leave
licensing — short-term help agencies and employers
lie detector tests
minimum wage
non-compete agreements
organ donor leave
overtime pay
payment of wages
pregnancy and parental leave
public vacations
reservist leave
severance of work
authorized leave
short-term aid companies
termination of work and momentary layoffs
suggestions or gratuities
vacation.
written policy on disconnecting from work.
composed policy on electronic monitoring of staff members.
Reprisals are prohibited
Employers are restricted from punishing employees in any method since the employee exercised ESA rights.
Clients of short-term assistance firms are restricted from punishing task workers in any way since the assignment staff member worked out ESA rights.
Recruiters are restricted from punishing potential staff members who engage or use the employer’s services in any method for specific reasons, consisting of asking the employer to comply with the Act or making queries about whether a person holds a licence as required by the ESA.
Employers, customers of short-lived assistance firms and recruiters who devote a reprisal can be:
— ordered to compensate the employee, assignment staff member or prospective employee.
— ordered to renew the staff member or task employee (if the reprisal was dedicated by an employer or client of a short-lived help firm).
— bought to pay a charge.
— prosecuted.
Find out more about reprisals.
Greater right or advantage
If an arrangement in an employment contract or another Act provides a staff member a greater right or benefit than a minimum work requirement under the ESA then that provision uses to the staff member instead of the work standard.
No waiving of rights
No staff member can consent to waive or offer up their rights under the ESA (for example, the right to receive overtime pay or public vacation pay). Any such agreement 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 upon which provision of the ESA was contravened. Examples consist of:
— an order to pay.
— a compliance order.
— a ticket.
— a notice of breach with a monetary charge.
— an order to reinstate and/or compensate.
— prosecution.
Other workplace-related laws
The ESA contains just some of the guidelines impacting operate in Ontario. Other provincial and federal legislation governs issues such as workplace health and wellness, 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 info 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 workplaces consist of statutes on earnings tax, employment insurance coverage and the Canada Pension.
To learn more about federal laws, call the Government of Canada details 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 people and the individuals or companies they work for, employment such as:
— staff members and companies in sectors that fall under federal work law jurisdiction, such as airlines, banks, the federal civil service, post workplaces, radio and television stations and inter-provincial trains.
— individuals working under a program approved by a college of applied arts and technology 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 authorized by the school board that runs the school in which the trainee is enrolled.
— people who do neighborhood participation under the Ontario Works Act, 1997.
— policeman (other than for the lie detectors provisions of the ESA, which do use).
— prisoners taking part in work or rehab programs, or employment people who work as part of a sentence or order of a court.
— people who hold political, judicial, spiritual or elected trade union offices.
— significant junior ice hockey gamers who satisfy particular conditions connected to scholarships.
— people who fulfill the definition of service consultant or infotech expert under the ESA if certain conditions are satisfied.
For a complete listing of other individuals not governed by the ESA, please check the ESA and its regulations.
Employee misclassification
Employers are prohibited from misclassifying workers as independent specialists, interns, volunteers or any other type of worker not covered by the ESA.
Learn more about employee misclassification.
Additional resources
In addition to this guide, the of Labour, Immigration, Training and Skills Development (MLITSD) has additional resources offered to assist you:
— The Employment Standards Act Policy and Interpretation Manual is the primary reference 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 offered to address your concerns about the ESA. Information is available in lots of languages. You can reach the info centre from Monday to Friday, 8:30 a.m.