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  • Founded Date June 7, 1999
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Company Description

Your Guide to The Employment Standards Act

This guide is a hassle-free source of information about key sections of the ESA. It is for your information and support just. It is not a legal document. If you need information or exact language, please describe the ESA itself and its guidelines.

This guide must not be used as or thought about legal guidance. You may have greater rights under a work contract, collective contract, the common law or other legislation. If you’re uncertain about anything in this guide, please speak with a lawyer.

Topics covered by the ESA?

These consist of:

benefit strategies

bereavement leave

kid death leave

crime-related child disappearance leave

crucial disease leave

stated emergency situation leave

domestic or sexual violence leave

the work standards poster: circulation requirements

equivalent pay for equivalent work

family caretaker leave

family medical leave

household obligation leave

suing

hours of work, consuming periods and pause

infectious disease emergency leave

licensing – short-lived help companies and recruiters

lie detector tests

minimum wage

non-compete arrangements

organ donor leave

overtime pay

payment of wages

pregnancy and employment adult leave

public vacations

reservist leave

severance of work

authorized leave

temporary aid companies

termination of employment and short-lived layoffs

pointers or gratuities

vacation.

composed policy on detaching from work.

written policy on electronic monitoring of employees.

Reprisals are forbidden

Employers are restricted from punishing workers in any way due to the fact that the worker exercised ESA rights.

Clients of short-lived aid firms are prohibited from penalizing assignment staff members in any way since the project employee worked out ESA rights.

Recruiters are prohibited from penalizing potential employees who engage or use the recruiter’s services in any way for employment certain factors, consisting of asking the employer to comply with the Act or making inquiries about whether an individual holds a licence as required by the ESA.

Employers, clients of short-term help firms and employers who commit a reprisal can be:

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

– ordered to restore the worker or assignment employee (if the reprisal was committed by a or client of a momentary assistance firm).

– ordered to pay a charge.

– prosecuted.

Learn more about reprisals.

Greater right or benefit

If an arrangement in an employment contract or employment another Act offers an employee a higher right or advantage than a minimum work requirement under the ESA then that arrangement uses to the employee instead of the employment standard.

No waiving of rights

No staff member can consent to waive or offer up their rights under the ESA (for example, the right to get overtime pay or public holiday pay). Any such contract is null and void.

Enforcement and compliance

Violations of the ESA can result in enforcement action.

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

– an order to pay.

– a compliance order.

– a ticket.

– a notification of contravention with a monetary penalty.

– an order to restore and/or compensate.

– prosecution.

Other workplace-related laws

The ESA contains just some of the guidelines affecting operate in Ontario. Other provincial and federal legislation governs problems 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, employment 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 offices consist of statutes on income tax, work insurance and the Canada Pension Plan.

For more info 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:

– employees and companies in sectors that fall under federal employment law jurisdiction, such as airlines, banks, the federal civil service, post workplaces, radio and tv stations and inter-provincial railways.

– individuals working under a program approved by a college of applied arts and innovation or university.

– individuals working under a program that is approved by a profession college registered under the Ontario Career Colleges Act, 2005.

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

– people who do community involvement under the Ontario Works Act, 1997.

– cops officers (except for the lie detectors provisions of the ESA, which do apply).

– prisoners 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, employment religious or elected trade union offices.

– major junior employment ice hockey gamers who satisfy specific conditions related to scholarships.

– people who fulfill the meaning of business specialist or infotech specialist under the ESA if specific conditions are fulfilled.

For a total listing of other people not governed by the ESA, please check the ESA and its regulations.

Employee misclassification

Employers are prohibited from misclassifying workers as independent professionals, 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, Immigration, Training and Skills Development (MLITSD) has additional resources available to help you:

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

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