This guide is a convenient source of information about key areas of the ESA. It is for your info and help only. It is not a legal file. If you require information or specific language, please describe the ESA itself and its regulations.

This guide needs to not be utilized as or thought about legal recommendations. You might have greater rights under an employment agreement, collective agreement, the common law or other legislation. If you're not sure about anything in this guide, please talk to a legal representative.

Topics covered by the ESA?

These consist of:

advantage strategies

bereavement leave

kid death leave

crime-related kid disappearance leave

crucial health problem leave

declared emergency situation leave

domestic or sexual violence leave

the work requirements poster: distribution requirements

equal pay for equivalent work

household caregiver leave

family medical leave

family responsibility leave

suing

hours of work, consuming periods and pause

transmittable disease emergency situation leave

licensing - short-term help firms and recruiters

lie detector tests

minimum wage

non-compete contracts

organ donor leave

overtime pay

payment of incomes

pregnancy and parental leave

public holidays

reservist leave

severance of work

sick leave

short-term aid firms

termination of work and short-lived layoffs

ideas or gratuities

holiday.

composed policy on detaching from work.

written policy on electronic tracking of workers.


Reprisals are forbidden

Employers are forbidden from penalizing employees in any way because the staff member exercised ESA rights.

Clients of short-term assistance companies are forbidden from punishing assignment employees in any method because the task worker exercised ESA rights.

Recruiters are forbidden from penalizing prospective workers who engage or utilize the employer's services in any method for certain factors, consisting of asking the recruiter to adhere to the Act or inquiring about whether an individual holds a licence as needed by the ESA.

Employers, customers of short-term help agencies and recruiters who commit a reprisal can be:

- ordered to compensate the staff member, assignment employee or potential employee.

- bought to reinstate the employee or task worker (if the reprisal was dedicated by a company or client of a short-term assistance company).

- bought to pay a charge.

- prosecuted.


Discover more about reprisals.

Greater right or benefit

If an arrangement in an employment agreement or another Act offers a worker a higher right or benefit than a minimum work standard under the ESA then that provision uses to the staff member instead of the work standard.

No waiving of rights

No employee can consent to waive or offer up their rights under the ESA (for example, 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 result in enforcement action.

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

- an order to pay.

- a compliance order.

- a ticket.

- a notice of contravention with a monetary penalty.

- an order to renew and/or compensate.

- prosecution.


Other workplace-related laws

The ESA contains just a few of the rules affecting work in Ontario. Other provincial and federal legislation governs problems such as workplace health and security, 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 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 consist of statutes on earnings tax, work insurance and the Canada Pension.

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

Who is not covered by the ESA?

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

- staff members and employers in sectors that fall under federal work law jurisdiction, such as airlines, banks, the federal civil service, fakenews.win post offices, radio and tv stations and inter-provincial trains.

- people working under a program approved 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 authorized by the school board that runs the school in which the trainee is registered.

- individuals who do neighborhood involvement under the Ontario Works Act, 1997.

- policeman (except for the lie detectors provisions of the ESA, which do apply).

- prisoners taking part 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 workplaces.

- major junior ice hockey players who meet particular conditions associated with scholarships.

- individuals who fulfill the meaning of company consultant or details innovation consultant under the ESA if specific conditions are satisfied.


For a complete listing of other individuals not governed by the ESA, please check the ESA and its guidelines.

Employee misclassification

Employers are prohibited from misclassifying employees as independent specialists, interns, volunteers or any other kind of employee not covered by the ESA.

Discover more about worker misclassification.

Additional resources

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

- The Employment Standards Act Policy and Interpretation Manual is the primary recommendation source for the policies of the Director of Employment Standards respecting the analysis, 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, menwiki.men 8:30 a.m.