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

This guide needs to not be used as or thought about legal recommendations. You may have higher rights under a work contract, cumulative agreement, the typical law or other legislation. If you're unsure about anything in this guide, please talk with a lawyer.

Topics covered by the ESA?

These include:

advantage plans
bereavement leave
child death leave
crime-related kid disappearance leave
critical disease leave
stated emergency situation leave
domestic or sexual violence leave
the work requirements poster: distribution requirements
equivalent pay for equal work
family caretaker leave
household medical leave
household duty leave
submitting a claim
hours of work, eating durations and pause
infectious disease emergency situation leave
licensing - momentary help companies and recruiters
lie detector tests
minimum wage
non-compete arrangements
organ donor leave
overtime pay
payment of wages
pregnancy and parental leave
public vacations
reservist leave
severance of work
authorized leave
temporary aid firms
termination of employment and short-lived layoffs
tips or gratuities
vacation.
composed policy on detaching from work.
written policy on electronic tracking of workers.
Reprisals are prohibited

Employers are restricted from punishing employees in any method due to the fact that the staff member worked out ESA rights.

Clients of short-term help firms are restricted from punishing assignment staff members in any way because the project worker worked out ESA rights.

Recruiters are prohibited from punishing potential staff members who engage or use the recruiter's services in any way for specific reasons, including asking the employer to abide by the Act or making queries about whether an individual holds a licence as needed by the ESA.

Employers, customers of short-term aid firms and employers who dedicate a reprisal can be:

- bought to compensate the worker, task staff member or prospective worker.
- bought to renew the worker or assignment employee (if the reprisal was committed by a company or client of a temporary aid company).
- purchased to pay a charge.
- prosecuted.
Discover more about reprisals.

Greater right or advantage

If an arrangement in a work contract or another Act gives a staff member a higher right or benefit than a minimum work standard under the ESA then that arrangement applies to the worker instead of the employment requirement.

No waiving of rights

No employee can concur to waive or offer up their rights under the ESA (for example, the right to get overtime pay or public vacation pay). Any such contract 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 upon which provision of the ESA was contravened. Examples include:

- an order to pay.
- a compliance order.
- a ticket.
- a notice of contravention with a financial penalty.
- an order to reinstate and/or compensate.
- prosecution.
Other workplace-related laws

The ESA includes only some of the guidelines impacting operate in Ontario. Other provincial and federal legislation governs issues 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 Insurance Act, 1997.
Labour Relations Act, 1995.
Pay Equity Act.
Human Rights Code.
For additional information 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 consist of statutes on income tax, employment insurance and the Canada Pension.

For more info 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 companies in Ontario are covered by the ESA. However, the ESA does not apply to some people and individuals or companies they work for, such as:

- employees and employers 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 railways.
- people working under a program approved by a of used arts and technology or employment university.
- individuals 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 authorized by the school board that runs the school in which the student is enrolled.
- people who do community involvement under the Ontario Works Act, 1997.
- law enforcement officer (other than for the lie detectors arrangements of the ESA, which do apply).
- prisoners participating in work or rehabilitation programs, or individuals who work as part of a sentence or order of a court.
- individuals who hold political, judicial, spiritual or chosen trade union workplaces.
- major employment junior ice hockey players who meet certain conditions associated with scholarships.
- individuals who fulfill the meaning of service expert or information innovation expert under the ESA if specific conditions are fulfilled.
For a total listing of other people not governed by the ESA, please examine the ESA and its guidelines.

Employee misclassification

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

Find out more about staff member misclassification.

Additional resources

In addition to this guide, the Ministry of Labour, employment Immigration, Training and Skills Development (MLITSD) has extra 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 appreciating the interpretation, administration and enforcement of the ESA.
- Staff at the Employment Standards Information Centre are offered to answer your questions about the ESA. Information is available in numerous languages. You can reach the information centre from Monday to Friday, 8:30 a.m.