Your Guide To The Employment Standards Act

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


This guide must not be used as or thought about legal advice. You might have greater rights under an employment contract, cumulative contract, the typical law or other legislation. If you're not sure about anything in this guide, please speak with a lawyer.


Topics covered by the ESA?


These consist of:


benefit plans

bereavement leave

kid death leave

crime-related kid disappearance leave

important disease leave

stated emergency leave

domestic or sexual violence leave

the employment requirements poster: distribution requirements

equal spend for equivalent work

household caretaker leave

family medical leave

family responsibility leave

submitting a claim

hours of work, consuming periods and pause

contagious illness emergency situation leave

licensing - short-lived aid firms and recruiters

lie detector tests

minimum wage

non-compete contracts

organ donor leave

overtime pay

payment of earnings

pregnancy and adult leave

public holidays

reservist leave

severance of employment

authorized leave

temporary aid agencies

termination of employment and short-term layoffs

suggestions or gratuities

holiday.

written policy on disconnecting from work.

composed policy on electronic tracking of workers.


Reprisals are forbidden


Employers are forbidden from punishing employees in any way since the employee worked out ESA rights.


Clients of temporary help companies are restricted from punishing assignment staff members in any method because the assignment employee exercised ESA rights.


Recruiters are forbidden from penalizing prospective employees who engage or utilize the employer's services in any method for specific factors, including asking the recruiter to abide by the Act or investigating about whether an individual holds a licence as needed by the ESA.


Employers, customers of temporary assistance companies and recruiters who dedicate a reprisal can be:


- ordered to compensate the employee, assignment worker or potential worker.

- bought to reinstate the worker or employment task worker (if the reprisal was committed by a company or customer of a momentary aid company).

- purchased to pay a penalty.

- prosecuted.


Find out more about reprisals.


Greater right or benefit


If an arrangement in an employment agreement or another Act gives a staff member a greater right or advantage than a minimum work standard under the ESA then that arrangement uses to the employee rather of the work standard.


No waiving of rights


No worker can concur to waive or offer up their rights under the ESA (for example, the right to receive overtime pay or public holiday pay). Any such arrangement 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 arrangement of the ESA was contravened. Examples include:


- an order to pay.

- a compliance order.

- a ticket.

- a notice of contravention with a financial penalty.

- an order to reinstate and/or compensate.

- prosecution.


Other workplace-related laws


The ESA includes just some of the guidelines impacting work in Ontario. Other provincial and federal legislation governs problems such as workplace health and wellness, human rights and labour relations.


Related Ontario laws include the:


Occupational Health and employment Safety 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 workplaces include statutes on earnings tax, work insurance coverage and the Canada Pension Plan.


For more details about federal laws, call the Government of Canada details line at 1-800-622-6232.


Who is not covered by the ESA?


Most employees and employers in Ontario are covered by the ESA. However, the ESA does not use to some individuals and the individuals or organizations they work for, such as:


- staff members and companies in sectors that fall under federal work law jurisdiction, such as airlines, banks, the federal civil service, post workplaces, radio and television stations and inter-provincial trains.

- individuals working under a program approved by a college of used arts and technology or university.

- people working under a program that is authorized by a career college registered under the Ontario Career Colleges Act, 2005.

- secondary school trainees who work under a work experience program authorized by the school board that runs the school in which the student is registered.

- people who do neighborhood participation under the Ontario Works Act, 1997.

- policeman (except for the lie detectors provisions of the ESA, which do apply).

- inmates participating 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 elected trade union workplaces.

- significant junior ice hockey gamers who satisfy certain conditions connected to scholarships.

- individuals who satisfy the meaning of organization consultant or infotech consultant 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 policies.


Employee misclassification


Employers are prohibited from misclassifying workers as independent specialists, interns, volunteers or any other type of worker not covered by the ESA.


Learn 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 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 answer your questions about the ESA. Information is readily available in lots of languages. You can reach the info centre from Monday to Friday, 8:30 a.m.

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