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  • Founded Date December 20, 1967
  • Sectors Engineering
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Your Guide to The Employment Standards Act

This guide is a practical source of info about crucial areas of the ESA. It is for your info and help only. It is not a legal file. If you require details or specific language, please refer to the ESA itself and its guidelines.

This guide must not be utilized as or considered legal advice. You may have higher rights under an employment agreement, collective agreement, the or other legislation. If you’re unsure about anything in this guide, please speak to an attorney.

Topics covered by the ESA?

These include:

benefit strategies

bereavement leave

kid death leave

crime-related kid disappearance leave

critical disease leave

declared emergency leave

domestic or sexual violence leave

the employment requirements poster: circulation requirements

equivalent spend for equal work

household caregiver leave

household medical leave

family obligation leave

suing

hours of work, consuming periods and rest durations

contagious disease emergency leave

licensing – momentary help firms and employers

lie detector tests

base pay

non-compete agreements

organ donor leave

overtime pay

payment of wages

pregnancy and adult leave

public vacations

reservist leave

severance of employment

ill leave

temporary aid firms

termination of work and momentary layoffs

suggestions or gratuities

vacation.

written policy on detaching from work.

written policy on electronic tracking of staff members.

Reprisals are prohibited

Employers are forbidden from penalizing workers in any way because the worker worked out ESA rights.

Clients of short-term assistance firms are prohibited from penalizing project staff members in any way since the project staff member exercised ESA rights.

Recruiters are restricted from penalizing potential staff members who engage or use the recruiter’s services in any way for specific reasons, consisting of asking the recruiter to adhere to the Act or investigating about whether an individual holds a licence as required by the ESA.

Employers, clients of momentary help agencies and recruiters who devote a reprisal can be:

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

– purchased to renew the staff member or assignment worker (if the reprisal was dedicated by an employer or customer of a short-lived assistance company).

– ordered to pay a charge.

– prosecuted.

Discover more about reprisals.

Greater right or advantage

If a provision in an employment agreement or another Act gives an employee a higher right or advantage than a minimum employment requirement under the ESA then that provision uses to the employee rather of the work requirement.

No waiving of rights

No worker can consent to waive or quit their rights under the ESA (for instance, the right to get overtime pay or public vacation pay). Any such arrangement is null and space.

Enforcement and compliance

Violations of the ESA can result in enforcement action.

The type of enforcement action that can be taken depends upon which arrangement of the ESA was contravened. Examples include:

– an order to pay.

– a compliance order.

– a ticket.

– a notification of contravention with a financial penalty.

– an order to renew and/or compensate.

– prosecution.

Other workplace-related laws

The ESA contains just a few of the guidelines affecting work 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 Safety Act.

Workplace Safety and Insurance Act, employment 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 work environments include statutes on income tax, employment work insurance coverage and the Canada Pension.

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

Who is not covered by the ESA?

Most staff members and companies in Ontario are covered by the ESA. However, the ESA does not apply to some people and individuals or organizations they work for, such as:

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

– people working under a program approved by a college of applied arts and innovation or university.

– people working under a program that is approved by a career college registered 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 student is registered.

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

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

– prisoners taking part 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 workplaces.

– significant junior ice hockey players who satisfy certain conditions associated with scholarships.

– individuals who fulfill the definition of service consultant or details technology consultant under the ESA if particular conditions are met.

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

Employee misclassification

Employers are forbidden from misclassifying employees as independent specialists, interns, volunteers or any other kind of worker not covered by the ESA.

Learn more about employee misclassification.

Additional resources

In addition to this guide, employment the Ministry of Labour, Immigration, Training and employment Skills Development (MLITSD) has extra resources offered to assist 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 interpretation, administration and enforcement of the ESA.

– Staff at the Employment Standards Information Centre are readily available to answer your concerns about the ESA. Information is offered in numerous languages. You can reach the info centre from Monday to Friday, 8:30 a.m.