This guide is a hassle-free source of info about key sections of the ESA. It is for your info and assistance just. It is not a legal document. If you require information or specific language, please refer to the ESA itself and its policies.
This guide must not be used as or thought about legal advice. You might have greater rights under a work agreement, collective contract, the common law or other legislation. If you're not sure about anything in this guide, please talk with a legal representative.
Topics covered by the ESA?
These consist of:
advantage plans
bereavement leave
child death leave
crime-related kid disappearance leave
crucial illness leave
stated emergency leave
domestic or sexual violence leave
the employment requirements poster: circulation requirements
equivalent spend for equivalent work
family caregiver leave
household medical leave
family responsibility leave
suing
hours of work, consuming periods and rest durations
contagious disease emergency leave
licensing - short-lived aid firms and employers
lie detector tests
minimum wage
non-compete agreements
organ donor leave
overtime pay
payment of salaries
pregnancy and parental leave
public vacations
reservist leave
severance of work
authorized leave
short-lived help agencies
termination of employment and short-lived layoffs
pointers or gratuities
holiday.
composed policy on disconnecting from work.
written policy on electronic tracking of employees.
Reprisals are restricted
Employers are restricted from penalizing staff members in any method due to the fact that the worker worked out ESA rights.
Clients of temporary assistance companies are restricted from punishing task workers in any method since the assignment staff member exercised ESA rights.
Recruiters are restricted from punishing prospective staff members who engage or utilize the recruiter's services in any way for specific factors, including asking the employer to abide by the Act or investigating about whether an individual holds a licence as needed by the ESA.
Employers, clients of short-term help agencies and employers who commit a reprisal can be:
- purchased to compensate the employee, task worker or prospective employee.
- bought to renew the worker or employment project staff member (if the reprisal was devoted by an employer or customer of a short-lived assistance agency).
- purchased to pay a penalty.
- prosecuted.
Find out more about reprisals.
Greater right or advantage
If a provision in an employment agreement or another Act provides a staff member a greater right or benefit than a minimum employment standard under the ESA then that arrangement applies to the worker rather of the work standard.
No waiving of rights
No staff member can consent to waive or quit their rights under the ESA (for instance, the right to receive overtime pay or public vacation pay). Any such agreement is null and void.
Enforcement and compliance
Violations of the ESA can lead to enforcement action.
The kind of enforcement action that can be taken depends on which provision of the ESA was contravened. Examples consist of:
- an order to pay.
- a compliance order.
- a ticket.
- a notice of conflict with a financial charge.
- an order to restore and/or compensate.
- prosecution.
Other workplace-related laws
The ESA contains just some of the rules affecting operate in Ontario. Other provincial and federal legislation governs concerns such as workplace health and wellness, 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.
To learn more 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 Plan.
To learn more about federal laws, call the Government of Canada details line at 1-800-622-6232.
Who is not covered by the ESA?
Most employees and employers in Ontario are covered by the ESA. However, the ESA does not use to some people and individuals or companies they work for, such as:
- workers and companies in sectors that fall under federal work law jurisdiction, such as airlines, banks, employment the federal civil service, post workplaces, radio and tv stations and inter-provincial railways.
- people working under a program authorized by a college of used arts and innovation or university.
- individuals working under a program that is authorized by a profession 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 operates the school in which the trainee is enrolled.
- people who do community participation under the Ontario Works Act, 1997.
- authorities officers (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.
- people who hold political, judicial, religious or chosen trade union workplaces.
- significant junior ice hockey players who meet specific conditions related to scholarships.
- individuals who fulfill the meaning of company consultant or details technology consultant under the ESA if specific conditions are satisfied.
For a complete listing of other people not governed by the ESA, please examine the ESA and its policies.
Employee misclassification
Employers are forbidden from misclassifying staff members as independent specialists, interns, volunteers or any other kind of worker 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 extra resources offered to assist 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 concerns about the ESA. Information is offered in lots of languages. You can reach the info centre from Monday to Friday, 8:30 a.m.
