GitLab

This guide is a hassle-free source of details about crucial sections of the ESA. It is for your info and support only. It is not a legal document. If you require information or specific language, please refer to the ESA itself and its guidelines.

This guide ought to not be used as or thought about legal suggestions. You might have higher rights under an employment agreement, collective arrangement, the typical law or other legislation. If you're unsure about anything in this guide, please talk to an attorney.

Topics covered by the ESA?

These include:

benefit plans
bereavement leave
kid death leave
crime-related child disappearance leave
vital health problem leave
stated emergency situation leave
domestic or sexual violence leave
the employment standards poster: distribution requirements
equal spend for equal work
household caregiver leave
household medical leave
family duty leave
suing
hours of work, and pause
contagious illness emergency leave
licensing - short-lived assistance agencies and recruiters
lie detector employment tests
minimum wage
non-compete contracts
organ donor leave
overtime pay
payment of wages
pregnancy and adult leave
public vacations
reservist leave
severance of work
authorized leave
short-lived help companies
termination of employment and short-term layoffs
pointers or gratuities
trip.
written policy on disconnecting from work.
written policy on electronic monitoring of workers.
Reprisals are restricted

Employers are prohibited from penalizing workers in any method due to the fact that the employee exercised ESA rights.

Clients of temporary help firms are prohibited from penalizing project staff members in any way due to the fact that the project staff member exercised ESA rights.

Recruiters are prohibited from punishing prospective staff members who engage or utilize the employer's services in any method for particular reasons, consisting of asking the employer to abide by the Act or making inquiries about whether an individual holds a licence as required by the ESA.

Employers, customers of momentary assistance companies and employers who dedicate a reprisal can be:

- purchased to compensate the worker, project employee or prospective employee.
- purchased to restore the employee or task employee (if the reprisal was dedicated by a company or customer of a short-lived assistance agency).
- bought to pay a penalty.
- prosecuted.
Learn more about reprisals.

Greater right or benefit

If a provision in an employment agreement or another Act gives a worker a higher right or benefit than a minimum employment standard under the ESA then that arrangement applies to the worker rather of the employment standard.

No waiving of rights

No staff member can accept waive or quit 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 result in enforcement action.

The type 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 conflict with a monetary penalty.
- an order to renew and/or compensate.
- prosecution.
Other workplace-related laws

The ESA consists of just some of the rules impacting work in Ontario. Other provincial and federal legislation governs issues such as workplace health and wellness, 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 workplaces include statutes on earnings 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 companies in Ontario are covered by the ESA. However, the ESA does not apply to some individuals and individuals or organizations they work for, such as:

- staff members and companies in sectors that fall under federal work law jurisdiction, such as airline companies, banks, the federal civil service, post workplaces, radio and television stations and inter-provincial trains.
- people working under a program approved by a college of used arts and technology 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 trainees who work under a work experience program licensed by the school board that operates the school in which the student is registered.
- individuals who do community participation under the Ontario Works Act, 1997.
- policeman (except for the lie detectors arrangements of the ESA, which do use).
- inmates participating in work or rehabilitation programs, or individuals 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 players who satisfy particular conditions related to scholarships.
- people who meet the definition of service expert or infotech specialist under the ESA if particular conditions are satisfied.
For a complete listing of other individuals not governed by the ESA, please check the ESA and its guidelines.

Employee misclassification

Employers are restricted from misclassifying staff members as independent professionals, interns, volunteers or any other kind of employee not covered by the ESA.

Find out more about worker misclassification.

Additional resources

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

- The Employment Standards Act Policy and Interpretation Manual is the primary referral source for the policies of the Director of Employment Standards appreciating the interpretation, administration and enforcement of the ESA.
- Staff at the Employment Standards Information Centre are readily available to address your questions about the ESA. Information is offered in lots of languages. You can reach the details centre from Monday to Friday, 8:30 a.m.