Overview
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Founded Date June 3, 1937
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Specializations Administrative
Company Description
Your Guide to The Employment Standards Act
This guide is a convenient source of info about key areas of the ESA. It is for your details and support just. It is not a legal document. If you require information or exact language, please describe the ESA itself and its policies.
This guide must not be utilized as or thought about legal guidance. You may have greater rights under an employment agreement, collective contract, the common law or other legislation. If you’re unsure about anything in this guide, please talk with a legal representative.
Topics covered by the ESA?
These consist of:
benefit plans
bereavement leave
kid death leave
crime-related child disappearance leave
important disease leave
declared emergency leave
domestic or sexual violence leave
the employment requirements poster: circulation requirements
equal pay for equivalent work
family caretaker leave
household medical leave
household duty leave
suing
hours of work, consuming periods and rest periods
infectious illness emergency leave
licensing – temporary assistance firms and employers
lie detector tests
minimum wage
non-compete contracts
organ donor leave
overtime pay
payment of salaries
pregnancy and parental leave
public vacations
reservist leave
severance of employment
sick leave
short-lived aid agencies
termination of employment and momentary layoffs
tips or gratuities
trip.
composed policy on detaching from work.
composed policy on electronic monitoring of workers.
Reprisals are prohibited
Employers are prohibited from punishing staff members in any method since the staff member exercised ESA rights.
Clients of temporary assistance agencies are forbidden from penalizing task workers in any way since the task employee worked out ESA rights.
Recruiters are restricted from punishing potential employees who engage or utilize the employer’s services in any way for certain reasons, somalibidders.com including asking the recruiter to comply with the Act or making inquiries about whether a person holds a licence as required by the ESA.
Employers, clients of temporary aid agencies and recruiters who commit a reprisal can be:
– purchased to compensate the staff member, project worker or potential staff member.
– bought to renew the employee or project staff member (if the reprisal was devoted by an employer or customer of a temporary help agency).
– purchased to pay a penalty.
– prosecuted.
Learn more about reprisals.
Greater right or benefit
If a provision in a work contract or another Act gives a staff member a greater right or than a minimum employment standard under the ESA then that provision uses to the staff member rather of the employment requirement.
No waiving of rights
No employee can consent to waive or provide up their rights under the ESA (for instance, the right to receive overtime pay or public holiday pay). Any such arrangement is null and 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 arrangement of the ESA was contravened. Examples consist of:
– an order to pay.
– a compliance order.
– a ticket.
– a notification of conflict with a monetary charge.
– an order to renew and/or compensate.
– prosecution.
Other workplace-related laws
The ESA consists of only some of the rules impacting work in Ontario. Other provincial and federal legislation governs concerns such as workplace health and safety, 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.
To find out 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 offices include statutes on income tax, employment insurance and the Canada Pension Plan.
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 workers and employers 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:
– employees and employers in sectors that fall under federal employment law jurisdiction, such as airline companies, banks, the federal civil service, post offices, radio and television stations and inter-provincial trains.
– individuals working under a program authorized by a college of used arts and innovation or university.
– people working under a program that is authorized by a career college registered under the Ontario Career Colleges Act, referall.us 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 registered.
– individuals who do community participation under the Ontario Works Act, 1997.
– law enforcement officer (other than for the lie detectors provisions of the ESA, which do use).
– 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.
– significant junior ice hockey gamers who meet particular conditions connected to scholarships.
– individuals who fulfill the meaning of organization expert or information innovation 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 regulations.
Employee misclassification
Employers are prohibited from misclassifying staff members as independent specialists, interns, volunteers or any other kind of employee 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 additional resources available to assist you:
– The Employment Standards Act Policy and Interpretation Manual is the main reference 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 many languages. You can reach the info centre from Monday to Friday, 8:30 a.m.