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

This guide ought to not be utilized as or thought about legal advice. You may have higher rights under a work contract, collective arrangement, the common 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 include:

advantage strategies
bereavement leave
kid death leave
crime-related child disappearance leave
critical health problem leave
declared emergency situation leave
domestic or sexual violence leave
the employment standards poster: distribution requirements
equivalent spend for equivalent work
household caregiver leave
household medical leave
household duty leave
suing
hours of work, consuming durations and pause
contagious illness emergency situation leave
licensing - temporary assistance agencies and recruiters
lie detector tests
base pay
non-compete agreements
organ donor leave
overtime pay
payment of salaries
pregnancy and parental leave
public vacations
reservist leave
severance of employment
authorized leave
momentary assistance companies
termination of employment and short-lived layoffs
ideas or gratuities
getaway.
composed policy on detaching from work.
written policy on electronic monitoring of staff members.
Reprisals are restricted

Employers are restricted from punishing staff members in any way because the worker exercised ESA rights.

Clients of momentary assistance agencies are restricted from penalizing task employees in any way due to the fact that the project worker worked out ESA rights.

Recruiters are prohibited from punishing potential staff members who engage or utilize the recruiter's services in any way for specific factors, consisting of asking the employer to comply with the Act or making queries about whether a person holds a licence as needed by the ESA.

Employers, clients of temporary aid agencies and employers who dedicate a reprisal can be:

- bought to compensate the worker, assignment worker or potential staff member.
- purchased to renew the staff member or assignment staff member (if the reprisal was committed by an employer or client of a temporary assistance agency).
- bought to pay a charge.
- prosecuted.
Learn more about reprisals.

Greater right or benefit

If an arrangement in an employment agreement or another Act provides an employee a greater right or benefit than a minimum work standard under the ESA then that arrangement uses to the worker instead of the work requirement.

No waiving of rights

No worker can concur to waive or quit their rights under the ESA (for instance, the right to get overtime pay or public holiday pay). Any such agreement 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 arrangement of the ESA was contravened. Examples include:

- an order to pay.
- a compliance order.
- a ticket.
- a notice of conflict with a financial charge.
- an order to renew and/or compensate.
- prosecution.
Other workplace-related laws

The ESA contains only a few of the rules affecting operate in Ontario. Other provincial and federal legislation governs issues such as workplace health and security, akropolistravel.com human rights and labour relations.

Related Ontario laws include the:

Occupational Health and Safety Act.
Workplace Safety and Insurance Act, 1997.
Labour Relations Act, 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 include 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 companies in Ontario are 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, wifidb.science the federal civil service, post offices, radio and television stations and inter-provincial railways.
- people working under a program authorized by a college of applied arts and innovation or university.
- people working under a program that is approved by a profession college registered under the Ontario Career Colleges Act, 2005.
- secondary school students who work under a work experience program licensed by the school board that runs the school in which the trainee is enrolled.
- individuals who do neighborhood involvement under the Ontario Works Act, 1997.
- law enforcement officer (except for the lie detectors provisions of the ESA, which do use).
- inmates participating in work or rehabilitation programs, morphomics.science or individuals who work as part of a sentence or order of a court.
- individuals who hold political, judicial, spiritual or elected trade union workplaces.
- major junior ice hockey players who fulfill specific conditions related to scholarships.
- individuals who meet the meaning of business expert or info technology consultant under the ESA if specific conditions are met.
For a total listing of other individuals not governed by the ESA, wiki.team-glisto.com please check the ESA and its regulations.

Employee misclassification

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

Learn more about employee misclassification.

Additional resources

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

- The Employment Standards Act Policy and Interpretation Manual is the main referral source for the policies of the Director of Employment Standards respecting 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 lots of languages. You can reach the details centre from Monday to Friday, 8:30 a.m.