Your Guide to The Employment Standards Act (#1) · Issues · Everette Truong / sudanre

Your Guide to The Employment Standards Act

This guide is a convenient source of info about essential areas of the ESA. It is for your information and support just. It is not a legal file. If you require details or exact language, please describe the ESA itself and its policies.

This guide should not be utilized as or thought about legal advice. You might have greater rights under an employment agreement, cumulative contract, the typical law or other legislation. If you're not sure about anything in this guide, please talk with a lawyer.

Topics covered by the ESA?

These include:

advantage plans
bereavement leave
kid death leave
crime-related child disappearance leave
crucial disease leave
stated emergency leave
domestic or sexual violence leave
the work requirements poster: circulation requirements
equal pay for equal work
household caregiver leave
family medical leave
household duty leave
suing
hours of work, job eating periods and pause
transmittable illness emergency situation leave
licensing - short-term aid firms and employers
lie detector tests
minimum wage
non-compete arrangements
organ donor leave
overtime pay
payment of wages
pregnancy and adult leave
public holidays
reservist leave
severance of employment
ill leave
momentary assistance agencies
termination of employment and short-term layoffs
ideas or gratuities
trip.
composed policy on disconnecting from work.
written policy on electronic tracking of staff members.
Reprisals are forbidden

Employers are prohibited from punishing staff members in any method because the worker worked out ESA rights.

Clients of temporary assistance firms are forbidden from penalizing project staff members in any way because the assignment worker exercised ESA rights.

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

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

- purchased to compensate the employee, task employee or prospective staff member.
- purchased to restore the staff member or task staff member (if the reprisal was dedicated by an employer or client of a short-term assistance firm).
- purchased to pay a charge.
- prosecuted.
Discover more about reprisals.

Greater right or benefit

If an arrangement in an employment contract or another Act gives a worker a greater right or benefit than a minimum work standard under the ESA then that arrangement applies to the worker rather of the employment standard.

No waiving of rights

No employee can accept 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 lead to enforcement action.

The kind 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 notification of conflict with a financial penalty.
- an order to renew and/or compensate.
- prosecution.
Other workplace-related laws

The ESA consists of just a few of the rules affecting work in Ontario. Other provincial and federal legislation governs concerns 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, 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 workplaces include statutes on income tax, work insurance coverage 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 staff members and employers in Ontario are covered by the ESA. However, the ESA does not apply to some individuals and the people or organizations they work for, such as:

- workers and employers in sectors that fall under federal employment law jurisdiction, such as airlines, banks, the federal civil service, post offices, radio and television stations and inter-provincial railways.
- individuals working under a program authorized by a college of used arts and technology 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 licensed by the school board that operates the school in which the student is enrolled.
- individuals who do community participation under the Ontario Works Act, 1997.
- law enforcement officer (except 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.
who hold political, judicial, spiritual or elected trade union workplaces.
- significant junior ice hockey players who fulfill particular conditions associated with scholarships.
- people who satisfy the meaning of company specialist or details technology expert under the ESA if specific conditions are met.
For a complete listing of other individuals not governed by the ESA, please check the ESA and its guidelines.

Employee misclassification

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

Discover more about worker misclassification.

Additional resources

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

This guide is a convenient source of info about essential areas of the ESA. It is for your information and support just. It is not a legal file. If you require details or exact language, please describe the ESA itself and its policies. 
 This guide should not be utilized as or thought about legal advice. You might have greater rights under an employment agreement, cumulative contract, the typical law or other legislation. If you're not sure about anything in this guide, please talk with a lawyer. 
 Topics covered by the ESA? 
 These include: 
 advantage plans
 bereavement leave
 kid death leave
 crime-related child disappearance leave
 crucial disease leave
 stated emergency leave
 domestic or sexual violence leave
 the work requirements poster: circulation requirements
 equal pay for equal work
 household caregiver leave
 family medical leave
 household duty leave
 suing
 hours of work, [job](https://classihub.in/author/damionmcint/) eating periods and pause
 transmittable illness emergency situation leave
 licensing - short-term aid firms and employers
 lie detector tests
 minimum wage
 non-compete arrangements
 organ donor leave
 overtime pay
 payment of wages
 pregnancy and adult leave
 public holidays
 reservist leave
 severance of [employment](https://aurorahousings.com)
 ill leave
 momentary assistance agencies
 termination of [employment](https://www.lunawork.net) and short-term layoffs
 ideas or gratuities
 trip.
 composed policy on disconnecting from work.
 written policy on electronic tracking of staff members.
 
Reprisals are forbidden 
 Employers are prohibited from punishing staff members in any method because the worker worked out ESA rights. 
 Clients of temporary assistance firms are forbidden from penalizing project staff members in any way because the assignment worker exercised ESA rights. 
 Recruiters are restricted from punishing prospective staff members who engage or utilize the employer's services in any way for particular factors, consisting of asking the employer to comply with the Act or making queries about whether a person holds a licence as required by the ESA. 
 Employers, customers of short-term aid companies and employers who devote a reprisal can be: 
 - purchased to compensate the employee, task employee or prospective staff member.
 - purchased to restore the staff member or task staff member (if the reprisal was dedicated by an employer or client of a short-term assistance firm).
 - purchased to pay a charge.
 - prosecuted.
 
Discover more about reprisals. 
 Greater right or benefit 
 If an arrangement in an employment contract or another Act gives a worker a greater right or benefit than a minimum work standard under the ESA then that arrangement applies to the worker rather of the [employment](https://okoskalyha.hu) standard. 
 No waiving of rights 
 No employee can accept 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 lead to enforcement action. 
 The kind 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 notification of conflict with a financial penalty.
 - an order to renew and/or compensate.
 - prosecution.
 
Other workplace-related laws 
 The ESA consists of just a few of the rules affecting work in Ontario. Other provincial and federal legislation governs concerns 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, 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 workplaces include statutes on income tax, work insurance coverage 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 staff members and employers in Ontario are covered by the ESA. However, the ESA does not apply to some individuals and the people or organizations they work for, such as: 
 - workers and employers in sectors that fall under federal [employment](https://abstaffs.com) law jurisdiction, such as airlines, banks, the federal civil service, post offices, radio and television stations and inter-provincial railways.
 - individuals working under a program authorized by a college of used arts and technology 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 licensed by the school board that operates the school in which the student is enrolled.
 - individuals who do community participation under the Ontario Works Act, 1997.
 - law enforcement officer (except 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.
 who hold political, judicial, spiritual or elected trade union workplaces.
 - significant junior ice hockey players who fulfill particular conditions associated with scholarships.
 - people who satisfy the meaning of company specialist or details technology expert under the ESA if specific conditions are met.
 
For a complete listing of other individuals not governed by the ESA, please check the ESA and its guidelines. 
 Employee misclassification 
 Employers are forbidden from misclassifying workers as independent specialists, interns, volunteers or any other type of employee not covered by the ESA. 
 Discover more about worker misclassification. 
 Additional resources 
 In addition to this guide, the Ministry of Labour, Immigration, Training and Skills Development (MLITSD) has additional 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 appreciating the interpretation, administration and enforcement of the ESA.
 - Staff at the Employment Standards Information Centre are offered to address your questions about the ESA. Information is readily available in lots of languages. You can reach the info centre from Monday to Friday, 8:30 a.m.