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Employer Description
Your Guide to The Employment Standards Act
This guide is a hassle-free source of info about essential sections of the ESA. It is for your information and assistance just. It is not a legal file. If you require information or precise language, please describe the ESA itself and its policies.
This guide ought to not be used as or considered legal guidance. You might have greater rights under a work contract, employment cumulative arrangement, the typical law or other legislation. If you’re uncertain about anything in this guide, please talk with a legal representative.
Topics covered by the ESA?
These include:
advantage strategies
bereavement leave
kid death leave
crime-related child disappearance leave
important illness leave
declared emergency leave
domestic or sexual violence leave
the employment requirements poster: distribution requirements
equivalent pay for equivalent work
family caregiver leave
household medical leave
family duty leave
submitting a claim
hours of work, eating periods and rest periods
transmittable illness emergency leave
short-term help firms and recruiters
lie detector tests
base pay
non-compete arrangements
organ donor leave
overtime pay
payment of earnings
pregnancy and adult leave
public vacations
reservist leave
severance of employment
sick leave
short-term aid companies
termination of employment and short-lived layoffs
tips or gratuities
vacation.
composed policy on detaching from work.
written policy on electronic monitoring of workers.
Reprisals are restricted
Employers are prohibited from penalizing workers in any way because the staff member worked out ESA rights.
Clients of momentary assistance firms are prohibited from penalizing task employees in any way due to the fact that the task employee worked out ESA rights.
Recruiters are forbidden from penalizing prospective employees who engage or utilize the recruiter’s services in any method for particular reasons, 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-lived assistance firms and recruiters who devote a reprisal can be:
– purchased to compensate the employee, assignment worker or potential worker.
– bought to renew the worker or project employee (if the reprisal was dedicated by a company or customer of a momentary help firm).
– bought to pay a penalty.
– prosecuted.
Find out more about reprisals.
Greater right or benefit
If an arrangement in an employment contract or another Act provides a worker a higher right or advantage than a minimum employment standard under the ESA then that arrangement applies to the worker instead of the work requirement.
No waiving of rights
No employee can accept waive or provide up their rights under the ESA (for example, 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 upon which arrangement of the ESA was contravened. Examples include:
– an order to pay.
– a compliance order.
– a ticket.
– a notification of breach with a financial penalty.
– an order to restore and/or employment compensate.
– prosecution.
Other workplace-related laws
The ESA includes just some of the guidelines affecting operate in Ontario. Other provincial and federal legislation governs problems such as workplace health and safety, human rights and labour relations.
Related Ontario laws include the:
Occupational Health And Wellness 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 work environments consist of statutes on income tax, employment insurance coverage and the Canada Pension Plan.
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 employees and companies in Ontario are covered by the ESA. However, the ESA does not apply to some individuals and individuals or companies they work for, such as:
– staff members and employers in sectors that fall under federal employment law jurisdiction, such as airlines, banks, the federal civil service, employment post offices, radio and tv stations and inter-provincial railways.
– people working under a program authorized by a college of applied arts and technology or university.
– individuals 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 registered.
– people who do community involvement under the Ontario Works Act, 1997.
– law enforcement officer (except for the lie detectors provisions of the ESA, which do apply).
– inmates taking part in work or rehabilitation programs, or people who work as part of a sentence or order of a court.
– people who hold political, judicial, spiritual or chosen trade union workplaces.
– major junior ice hockey gamers who meet specific conditions associated with scholarships.
– individuals who meet the definition of organization expert or information innovation expert under the ESA if particular conditions are satisfied.
For a total listing of other people not governed by the ESA, please inspect the ESA and its policies.
Employee misclassification
Employers are forbidden from misclassifying workers as independent specialists, interns, volunteers or any other kind of worker not covered by the ESA.
Learn more about staff member misclassification.
Additional resources
In addition to this guide, employment 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 reference source for employment 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 readily available to answer your concerns about the ESA. Information is readily available in lots of languages. You can reach the information centre from Monday to Friday, 8:30 a.m.