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

This guide needs to not be used as or considered legal guidance. You might have higher rights under an employment agreement, collective arrangement, the common law or other legislation. If you're not sure about anything in this guide, please speak with a legal representative.

Topics covered by the ESA?

These consist of:

benefit strategies
bereavement leave
kid death leave
crime-related child disappearance leave
crucial disease leave
declared emergency situation leave
domestic or sexual violence leave
the employment requirements poster: distribution requirements
equal pay for equal work
household caretaker leave
household medical leave
family obligation leave
submitting a claim
hours of work, consuming durations and pause
infectious disease emergency situation leave
licensing - momentary assistance firms and employers
lie detector employment tests
minimum wage
non-compete agreements
organ donor leave
overtime pay
payment of wages
pregnancy and parental leave
public vacations
reservist leave
severance of employment
sick leave
short-term help firms
termination of work and short-term layoffs
suggestions or gratuities
trip.
written policy on disconnecting from work.
composed policy on electronic monitoring of employees.
are prohibited

Employers are forbidden from penalizing staff members in any method due to the fact that the worker worked out ESA rights.

Clients of short-lived aid agencies are prohibited from penalizing project workers in any method because the task staff member worked out ESA rights.

Recruiters are prohibited from penalizing potential employees who engage or use the employer's services in any way for certain reasons, consisting of asking the recruiter to comply with the Act or making inquiries about whether an individual holds a licence as required by the ESA.

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

- purchased to compensate the worker, assignment worker or prospective staff member.
- purchased to restore the worker or task staff member (if the reprisal was dedicated by an employer or client of a temporary help agency).
- bought to pay a penalty.
- prosecuted.
Learn more about reprisals.

Greater right or benefit

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

No waiving of rights

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

Enforcement and compliance

Violations of the ESA can result in enforcement action.

The kind of enforcement action that can be taken depends upon which arrangement of the ESA was contravened. Examples include:

- an order to pay.
- a compliance order.
- a ticket.
- a notice of breach with a monetary penalty.
- an order to restore and/or compensate.
- prosecution.
Other workplace-related laws

The ESA consists of just a few of the guidelines affecting work in Ontario. Other provincial and federal legislation governs concerns 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 workplaces include statutes on earnings tax, work insurance and the Canada Pension.

For additional information 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 companies in Ontario are covered by the ESA. However, the ESA does not use to some people and individuals or organizations they work for, such as:

- workers and employers in sectors that fall under federal employment law jurisdiction, such as airline companies, banks, the federal civil service, post workplaces, radio and tv stations and inter-provincial trains.
- individuals working under a program approved by a college of applied arts and technology or university.
- individuals working under a program that is authorized by a career college registered under the Ontario Career Colleges Act, 2005.
- secondary school trainees who work under a work experience program licensed by the school board that runs the school in which the student is enrolled.
- people who do neighborhood involvement under the Ontario Works Act, 1997.
- policeman (except for the lie detectors arrangements of the ESA, which do apply).
- inmates participating in work or rehab programs, or individuals who work as part of a sentence or order of a court.
- individuals who hold political, judicial, spiritual or elected trade union offices.
- major junior ice hockey gamers who satisfy particular conditions associated with scholarships.
- people who satisfy the definition of organization expert or infotech specialist under the ESA if specific conditions are satisfied.
For a total listing of other individuals not governed by the ESA, please check the ESA and its policies.

Employee misclassification

Employers are forbidden from misclassifying employees as independent professionals, interns, volunteers or any other type of worker not covered by the ESA.

Find out more about employee misclassification.

Additional resources

In addition to this guide, the Ministry of Labour, Immigration, employment Training and Skills Development (MLITSD) has additional resources readily available to assist you:

- The Employment Standards Act Policy and Interpretation Manual is the primary reference source for the policies of the Director of Employment Standards appreciating the analysis, 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 information centre from Monday to Friday, 8:30 a.m.