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Your Guide to The Employment Standards Act

This guide is a practical source of information about key sections of the ESA. It is for your details and just. It is not a legal file. If you require information or specific language, please refer to the ESA itself and its policies.

This guide needs to not be utilized as or thought about legal recommendations. You may have greater rights under an employment agreement, collective arrangement, the common law or other legislation. If you’re not sure about anything in this guide, please talk to a lawyer.

Topics covered by the ESA?

These consist of:

benefit plans

bereavement leave

child death leave

crime-related kid disappearance leave

important illness leave

declared emergency situation leave

domestic or sexual violence leave

the employment standards poster: circulation requirements

equivalent pay for equivalent work

household caregiver leave

household medical leave

household obligation leave

submitting a claim

hours of work, eating durations and rest durations

transmittable disease emergency leave

licensing – temporary help firms and recruiters

lie detector tests

minimum wage

non-compete contracts

organ donor leave

overtime pay

payment of salaries

pregnancy and adult leave

public holidays

reservist leave

severance of work

sick leave

momentary aid firms

termination of employment and momentary layoffs

tips or gratuities

holiday.

composed policy on detaching from work.

composed policy on electronic monitoring of workers.

Reprisals are restricted

Employers are prohibited from penalizing employees in any way since the worker exercised ESA rights.

Clients of momentary help firms are prohibited from punishing assignment staff members in any way since the task staff member exercised ESA rights.

Recruiters are restricted from penalizing prospective staff members who engage or utilize the employer’s services in any way for particular factors, including asking the employer to abide by the Act or investigating about whether a person holds a licence as required by the ESA.

Employers, customers of momentary help companies and recruiters who dedicate a reprisal can be:

– purchased to compensate the worker, project worker or prospective staff member.

– ordered to renew the worker or task employee (if the reprisal was committed by an employer or client of a momentary help firm).

– ordered to pay a charge.

– prosecuted.

Find out more about reprisals.

Greater right or advantage

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

No waiving of rights

No staff member can agree to waive or employment quit their rights under the ESA (for example, the right to get overtime pay or public vacation pay). Any such arrangement is null and void.

Enforcement and compliance

Violations of the ESA can lead to enforcement action.

The type 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 includes just a few of the guidelines impacting operate in Ontario. Other provincial and federal legislation governs problems such as workplace health and safety, human rights and labour relations.

Related Ontario laws consist of the:

Occupational Health And Wellness Act.

Workplace Safety and employment Insurance Act, 1997.

Labour Relations Act, 1995.

Pay Equity Act.

Human Rights Code.

To learn more about other Ontario laws, employment 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 work environments consist of statutes on income tax, employment insurance and the Canada Pension Plan.

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

Who is not covered by the ESA?

Most employees and employers in Ontario are covered by the ESA. However, the ESA does not use to some people and the people or organizations they work for, such as:

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

– people working under a program authorized by a college of applied arts and technology or university.

– people working under a program that is approved by a profession college registered under the Ontario Career Colleges Act, 2005.

– secondary school trainees who work under a work experience program licensed by the school board that runs the school in which the trainee is registered.

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

– policeman (other than for the lie detectors arrangements of the ESA, which do use).

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

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

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

– people who meet the definition of business expert or infotech specialist under the ESA if particular conditions are fulfilled.

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

Employee misclassification

Employers are restricted from misclassifying workers as independent contractors, interns, volunteers or any other type of employee not covered by the ESA.

Discover more about staff member misclassification.

Additional resources

In addition to this guide, the Ministry of Labour, employment Immigration, Training and Skills Development (MLITSD) has additional resources available to assist you:

– The Employment Standards Act Policy and Interpretation Manual is the main 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 readily available in lots of languages. You can reach the information centre from Monday to Friday, 8:30 a.m.

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