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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 help just. It is not a legal document. If you require details or precise language, please describe the ESA itself and its guidelines.

This guide ought to not be utilized as or thought about legal suggestions. You might have greater rights under an employment agreement, collective arrangement, the common law or other legislation. If you’re unsure about anything in this guide, please talk to a legal representative.

Topics covered by the ESA?

These consist of:

benefit plans

bereavement leave

child death leave

crime-related child disappearance leave

important illness leave

stated emergency leave

domestic or sexual violence leave

the employment standards poster: circulation requirements

equivalent pay for equal work

family caretaker leave

family medical leave

family obligation leave

filing a claim

hours of work, eating durations and rest periods

contagious disease emergency leave

licensing – momentary help companies and recruiters

lie detector tests

minimum wage

non-compete contracts

organ donor employment leave

overtime pay

payment of incomes

pregnancy and adult leave

public holidays

reservist leave

severance of work

authorized leave

momentary help agencies

termination of employment and employment momentary layoffs

ideas or gratuities

vacation.

written policy on detaching from work.

written policy on electronic monitoring of staff members.

Reprisals are forbidden

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

Clients of short-lived help agencies are forbidden from penalizing task staff members in any way since the assignment worker worked out ESA rights.

Recruiters are forbidden from punishing potential staff members who engage or use the recruiter’s services in any method for particular reasons, including asking the employer to comply with the Act or inquiring about whether a person holds a licence as required by the ESA.

Employers, clients of short-term assistance firms and employers who dedicate a can be:

– ordered to compensate the employee, task staff member or prospective staff member.

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

– ordered to pay a penalty.

– prosecuted.

Discover more about reprisals.

Greater right or benefit

If a provision in an employment agreement or another Act gives a worker a greater right or advantage than a minimum work requirement under the ESA then that arrangement uses to the staff member rather of the employment standard.

No waiving of rights

No worker can consent to waive or quit their rights under the ESA (for employment example, the right to get 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 on which provision of the ESA was contravened. Examples consist of:

– an order to pay.

– a compliance order.

– a ticket.

– a notice of conflict with a monetary charge.

– an order to restore and/or compensate.

– prosecution.

Other workplace-related laws

The ESA consists of only a few of the guidelines impacting 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 employment Insurance Act, 1997.

Labour Relations Act, 1995.

Pay Equity Act.

Human Rights Code.

For more details 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 offices include statutes on earnings tax, employment work insurance and the Canada Pension.

To find out more about federal laws, employment 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 use to some people and individuals or organizations they work for, such as:

– staff members and companies in sectors that fall under federal work law jurisdiction, such as airlines, banks, the federal civil service, post offices, radio and tv stations and inter-provincial trains.

– people 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 registered 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 trainee is registered.

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

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

– inmates taking part in work or rehab programs, or individuals 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 players who meet specific conditions connected to scholarships.

– people who satisfy the meaning of business expert or infotech consultant under the ESA if particular 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 forbidden from misclassifying workers as independent professionals, interns, employment volunteers or any other type 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 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 appreciating the analysis, 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.