This guide is a hassle-free source of details about essential sections of the ESA. It is for your info and support just. It is not a legal document. If you require details or precise language, please refer to the ESA itself and its policies.

This guide must not be used as or thought about legal recommendations. You might have higher rights under a work agreement, collective agreement, the common law or other legislation. If you're not sure about anything in this guide, please speak with an attorney.

Topics covered by the ESA?

These include:

advantage plans
bereavement leave
kid death leave
crime-related kid disappearance leave
crucial illness leave
stated emergency situation leave
domestic or sexual violence leave
the employment standards poster: circulation requirements
equal pay for equivalent work
household caregiver leave
household medical leave
family duty leave
suing
hours of work, consuming durations and pause
transmittable illness emergency leave
licensing - momentary aid companies and employers
lie detector tests
minimum wage
non-compete contracts
organ donor leave
overtime pay
payment of salaries
pregnancy and adult leave
public vacations
reservist leave
severance of employment
ill leave
momentary help agencies
termination of work and short-term layoffs
tips or gratuities
vacation.
written policy on detaching from work.
written policy on electronic tracking of staff members.
Reprisals are forbidden

Employers are restricted from penalizing workers in any way because the staff member exercised ESA rights.

Clients of short-lived aid companies are forbidden from punishing assignment staff members in any way because the project employee exercised ESA rights.

Recruiters are restricted from punishing prospective staff members who engage or use the employer's services in any way for particular factors, consisting of asking the employer to comply with the Act or inquiring about whether a person holds a licence as required by the ESA.

Employers, clients of temporary assistance companies and employers who dedicate a reprisal can be:

- purchased to compensate the worker, project staff member or potential worker.
- purchased to restore the worker or task worker (if the reprisal was committed by a company or customer of a momentary help company).
- purchased to pay a charge.
- prosecuted.
Discover more about reprisals.

Greater right or benefit

If a provision in an employment agreement or another Act provides an employee a greater right or advantage than a minimum employment standard under the ESA then that provision applies to the employee rather of the work standard.

No waiving of rights

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

Enforcement and compliance

Violations of the ESA can result in enforcement action.

The kind 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 notification of contravention with a monetary charge.
- an order to reinstate and/or compensate.
- prosecution.
Other workplace-related laws

The ESA includes just some of the guidelines affecting operate in Ontario. Other provincial and federal legislation governs issues such as workplace health and employment safety, human rights and labour relations.

Related Ontario laws consist of the:

Occupational Health and Safety 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: employment 416-326-1234 (in Toronto).
- Toll-free: 1-800-267-8097 (in the rest of Ontario).
- online at ServiceOntario.ca.
Federal laws impacting workplaces consist of statutes on earnings tax, employment insurance and the Canada Pension.

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

Who is not covered by the ESA?

Most workers and employers in Ontario are covered by the ESA. However, the ESA does not use to some people and the individuals or organizations they work for, such as:

- employees and employers in sectors that fall under federal work law jurisdiction, such as airlines, banks, the federal civil service, post offices, radio and television stations and inter-provincial railways.
working under a program authorized by a college of used arts and innovation or university.
- people working under a program that is authorized by a career 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 operates the school in which the trainee is enrolled.
- people who do neighborhood participation under the Ontario Works Act, 1997.
- policeman (other than for the lie detectors provisions of the ESA, which do apply).
- inmates taking part 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.
- significant junior ice hockey gamers who satisfy certain conditions connected to scholarships.
- people who satisfy the definition of service consultant or infotech expert under the ESA if particular conditions are satisfied.
For a complete listing of other individuals not governed by the ESA, please inspect the ESA and its policies.

Employee misclassification

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

Discover 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 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 offered to address your concerns about the ESA. Information is available in many languages. You can reach the info centre from Monday to Friday, 8:30 a.m.