Your Guide to The Employment Standards Act
This guide is a hassle-free source of details about key sections of the ESA. It is for your details and assistance only. It is not a legal file. If you need information or exact language, please describe the ESA itself and its regulations.
This guide should not be used as or thought about legal advice. You might have higher rights under an employment agreement, cumulative agreement, employment the common law or 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 strategies
bereavement leave
child death leave
crime-related kid disappearance leave
important health problem leave
declared emergency leave
domestic or sexual violence leave
the employment requirements poster: distribution requirements
equal pay for equivalent work
family caregiver leave
household medical leave
household duty leave
submitting a claim
hours of work, consuming periods and pause
infectious illness emergency leave
licensing – short-lived assistance firms and recruiters
lie detector tests
minimum wage
non-compete arrangements
organ donor leave
overtime pay
payment of salaries
pregnancy and employment parental leave
public vacations
reservist leave
severance of employment
ill leave
short-lived aid companies
termination of employment and short-term layoffs
suggestions or gratuities
holiday.
written policy on detaching from work.
written policy on electronic tracking of employees.
Reprisals are prohibited
Employers are forbidden from punishing staff members in any method since the employee worked out ESA rights.
Clients of temporary assistance agencies are prohibited from penalizing project staff members in any method because the assignment worker exercised ESA rights.
Recruiters are prohibited from penalizing potential employees who engage or utilize the recruiter’s services in any method for specific reasons, consisting of asking the recruiter to adhere to the Act or making queries about whether a person holds a licence as needed by the ESA.
Employers, clients of short-term help firms and recruiters who dedicate a reprisal can be:
– purchased to compensate the worker, project worker or potential staff member.
– purchased to renew the staff member or project employee (if the reprisal was dedicated by a company or client of a momentary help company).
– purchased to pay a charge.
– prosecuted.
Learn more about reprisals.
Greater right or advantage
If an arrangement in an employment agreement or another Act gives an employee a higher right or advantage than a minimum employment standard under the ESA then that provision uses to the staff member rather of the work requirement.
No waiving of rights
No worker can consent to waive or provide up their rights under the ESA (for example, the right to get overtime pay or public holiday pay). Any such contract is null and void.
Enforcement and compliance
Violations of the ESA can result in enforcement action.
The type of enforcement action that can be taken depends on which arrangement of the ESA was contravened. Examples include:
– an order to pay.
– a compliance order.
– a ticket.
– a notice of breach with a monetary penalty.
– an order to reinstate and/or .
– prosecution.
Other workplace-related laws
The ESA contains only some of the guidelines affecting work in Ontario. Other provincial and federal legislation governs concerns such as workplace health and security, human rights and labour relations.
Related Ontario laws consist of the:
Occupational Health And Wellness Act.
Workplace Safety and 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 impacting offices include statutes on income tax, employment insurance and the Canada Pension Plan.
For additional information about federal laws, call the Government of Canada details line at 1-800-622-6232.
Who is not covered by the ESA?
Most staff members and employers in Ontario are covered by the ESA. However, the ESA does not apply to some individuals and the people or companies they work for, employment such as:
– staff members and companies in sectors that fall under federal work law jurisdiction, such as airline companies, banks, the federal civil service, post offices, radio and television 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 approved by a career 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 operates the school in which the trainee is registered.
– people who do community participation under the Ontario Works Act, 1997.
– police officers (except for the lie detectors arrangements of the ESA, which do apply).
– inmates 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 elected trade union offices.
– major junior ice hockey players who fulfill certain conditions connected to scholarships.
– people who meet the meaning of business consultant or details technology specialist under the ESA if particular conditions are met.
For a total listing of other individuals not governed by the ESA, please check the ESA and its policies.
Employee misclassification
Employers are restricted from misclassifying workers as independent professionals, interns, volunteers or any other type of worker not covered by the ESA.
Find out more about worker misclassification.
Additional resources
In addition to this guide, the Ministry 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 main reference 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 offered to answer your concerns about the ESA. Information is offered in many languages. You can reach the details centre from Monday to Friday, 8:30 a.m.
