Finixia

About Us

Your Guide to The Employment Standards Act

This guide is a practical source of details about essential areas of the ESA. It is for your info and assistance only. It is not a legal document. If you need details or exact language, please describe the ESA itself and its guidelines.

This guide needs to not be utilized as or considered legal suggestions. You might have greater rights under an employment agreement, job collective agreement, the common law or other legislation. If you’re unsure about anything in this guide, please talk to an attorney.

Topics covered by the ESA?

These consist of:

benefit strategies

bereavement leave

kid death leave

crime-related kid disappearance leave

critical health problem leave

declared emergency leave

domestic or sexual violence leave

the work requirements poster: distribution requirements

equal spend for equal work

household caretaker leave

family medical leave

household 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 incomes

pregnancy and adult leave

public vacations

reservist leave

severance of work

authorized leave

short-lived aid agencies

termination of work and momentary layoffs

tips or gratuities

trip.

composed policy on detaching from work.

written policy on electronic monitoring of workers.

Reprisals are forbidden

Employers are prohibited from punishing workers in any way due to the fact that the employee worked out ESA rights.

Clients of momentary assistance firms are prohibited from punishing task staff members in any method due to the fact that the project worker exercised ESA rights.

Recruiters are restricted from penalizing potential staff members who engage or utilize the recruiter’s services in any way for particular reasons, including asking the employer to adhere to the Act or making queries about whether a person holds a licence as needed by the ESA.

Employers, customers of temporary help firms and job recruiters who devote a reprisal can be:

– bought to compensate the worker, assignment employee or prospective worker.

– ordered to reinstate the employee or project staff member (if the reprisal was committed by an employer or client of a short-lived assistance firm).

– bought to pay a charge.

– prosecuted.

Find out more about reprisals.

Greater right or advantage

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

No waiving of rights

No worker 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 job 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 provision 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 reinstate and/or compensate.

– prosecution.

Other workplace-related laws

The ESA includes only some 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 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 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 impacting offices consist of statutes on earnings tax, employment insurance coverage 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:

– employees and employers in sectors that fall under federal employment law jurisdiction, such as airlines, banks, the federal civil service, post offices, radio and job television stations and job 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 career college signed up under the Ontario Career Colleges Act, 2005.

– secondary school students who work under a work experience program licensed by the school board that runs the school in which the student is enrolled.

– individuals 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 rehabilitation programs, or job individuals who work as part of a sentence or order of a court.

– individuals who hold political, judicial, religious or elected trade union workplaces.

– ice hockey gamers who fulfill certain conditions associated with scholarships.

– individuals who satisfy the definition of company consultant or details innovation consultant under the ESA if specific conditions are fulfilled.

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

Employee misclassification

Employers are prohibited from misclassifying staff members as independent contractors, interns, volunteers or job any other type of worker not covered by the ESA.

Find out more about staff member misclassification.

Additional resources

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

– The Employment Standards Act Policy and Interpretation Manual is the main referral 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 available to address your questions about the ESA. Information is available in lots of languages. You can reach the details centre from Monday to Friday, 8:30 a.m.