This guide is a hassle-free source of information about crucial sections of the ESA. It is for your details and help only. It is not a legal document. If you need details or exact language, please refer to the ESA itself and its guidelines.

This guide must not be used as or considered legal recommendations. You might have greater rights under an employment agreement, collective agreement, the typical 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 consist of:

advantage plans
bereavement leave
kid death leave
crime-related child disappearance leave
crucial disease leave
declared emergency situation leave
domestic or sexual violence leave
the employment standards poster: circulation requirements
equivalent spend for equal work
household caretaker leave
family medical leave
household responsibility leave
submitting a claim
hours of work, eating durations and rest periods
contagious disease emergency situation leave
licensing - short-term assistance companies and employers
lie detector tests
minimum wage
non-compete agreements
organ donor leave
overtime pay
payment of incomes
pregnancy and parental leave
public vacations
reservist leave
severance of work
authorized leave
momentary aid agencies
termination of employment and momentary layoffs
tips or gratuities
getaway.
written policy on detaching from work.
composed policy on electronic monitoring of staff members.
Reprisals are prohibited

Employers are restricted from punishing employees in any method because the worker worked out ESA rights.

Clients of short-lived aid companies are prohibited from punishing task workers in any method due to the fact that the project staff member exercised ESA rights.

Recruiters are forbidden from punishing prospective employees who engage or use the recruiter's services in any method for specific factors, consisting of asking the recruiter to comply with the Act or inquiring about whether an individual holds a licence as needed by the ESA.

Employers, clients of momentary aid agencies and employers who commit a reprisal can be:

- purchased to compensate the staff member, task employee or potential staff member.
- purchased to restore the staff member or project staff member (if the reprisal was devoted by a company or client of a short-term assistance company).
- purchased to pay a penalty.
- prosecuted.
Discover more about reprisals.

Greater right or benefit

If an arrangement in an employment agreement or another Act provides a staff member a higher right or benefit than a minimum employment requirement under the ESA then that provision applies to the employee rather of the work requirement.

No waiving of rights

No employee can accept waive or provide up their rights under the ESA (for instance, the right to receive overtime pay or public vacation pay). Any such agreement is null and space.

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 consist of:

- an order to pay.
- a compliance order.
- a ticket.
- a notification of contravention with a monetary charge.
- an order to restore and/or compensate.
- prosecution.
Other workplace-related laws

The ESA consists of just some of the rules impacting work in Ontario. Other provincial and federal legislation governs concerns such as workplace health and wellness, human rights and labour relations.

Related 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 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 impacting work environments include statutes on earnings tax, employment insurance and the Canada Pension Plan.

To find out more about federal laws, call the Government of Canada information 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 use to some people and the people or organizations they work for, such as:

- workers and companies in sectors that fall under federal employment law jurisdiction, such as airline companies, banks, the federal civil service, employment post offices, employment radio and tv stations and inter-provincial railways.
- individuals working under a program authorized by a college of used arts and technology or university.
- individuals working under a program that is authorized by a profession college signed up 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 student is registered.
- individuals who do neighborhood participation under the Ontario Works Act, 1997.
- law enforcement officer (except for the lie detectors provisions of the ESA, employment which do use).
- prisoners participating in work or rehab programs, or individuals who work as part of a sentence or order of a court.
- people who hold political, judicial, religious or chosen trade union offices.
- significant junior ice hockey gamers who meet particular conditions related to scholarships.
- people who meet the meaning of business consultant or infotech specialist under the ESA if specific conditions are met.
For a total listing of other people not governed by the ESA, please inspect the ESA and its policies.

Employee misclassification

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

Find out more about employee misclassification.

Additional resources

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

- The Employment Standards Act Policy and Interpretation Manual is the primary 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 available to answer your questions about the ESA. Information is readily available in numerous languages. You can reach the info centre from Monday to Friday, 8:30 a.m.