This guide is a practical source of information about essential sections of the ESA. It is for your information and support just. It is not a legal file. If you need information or precise language, please describe the ESA itself and its guidelines.

This guide ought to not be used as or considered legal suggestions. You may have greater rights under an employment agreement, collective arrangement, the common law or other legislation. If you’re unsure about anything in this guide, please talk to a lawyer.

Topics covered by the ESA?

These consist of:

advantage plans
bereavement leave
kid death leave
crime-related kid disappearance leave
vital disease leave
declared emergency leave
domestic or sexual violence leave
the work standards poster: distribution requirements
equivalent pay for equal work
household caregiver leave
household medical leave
family obligation leave
filing a claim
hours of work, eating durations and employment pause
transmittable illness emergency leave
licensing – short-term assistance firms and recruiters
lie detector employment tests
minimum wage
non-compete arrangements
organ donor leave
overtime pay
payment of wages
pregnancy and adult leave
public holidays
reservist leave
severance of work
authorized leave
short-term help firms
termination of employment and momentary layoffs
suggestions or gratuities
getaway.
written policy on disconnecting from work.
composed policy on electronic monitoring of staff members.
Reprisals are restricted

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

Clients of short-lived aid firms are forbidden from punishing project employees in any way because the task staff member exercised ESA rights.

Recruiters are prohibited from punishing potential workers who engage or use the employer’s services in any method for specific reasons, consisting of asking the recruiter to comply with the Act or inquiring about whether a person holds a licence as needed by the ESA.

Employers, clients of momentary help companies and recruiters who commit a reprisal can be:

– ordered to compensate the employee, task staff member or potential staff member.
– purchased to renew the worker or project employee (if the reprisal was devoted by an employer or client of a momentary help company).
– purchased to pay a penalty.
– prosecuted.
Discover more about reprisals.

Greater right or advantage

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

No waiving of rights

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

Enforcement and compliance

of the ESA can lead to 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 notification of breach with a monetary penalty.
– an order to restore and/or compensate.
– prosecution.
Other workplace-related laws

The ESA includes just a few of the rules affecting work in Ontario. Other provincial and federal legislation governs issues 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.
For more information 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 include statutes on earnings tax, work insurance coverage and the Canada Pension.

For more info about federal laws, call the Government of Canada info 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 people and the individuals or organizations they work for, such as:

– employees and employers in sectors that fall under federal work law jurisdiction, such as airline companies, banks, the federal civil service, post workplaces, radio and tv stations and inter-provincial trains.
– individuals working under a program authorized by a college of applied 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 licensed by the school board that runs the school in which the trainee is enrolled.
– individuals who do community participation under the Ontario Works Act, 1997.
– law enforcement officer (except for the lie detectors arrangements of the ESA, which do apply).
– prisoners 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, employment spiritual or chosen trade union workplaces.
– major junior employment ice hockey players who satisfy specific conditions related to scholarships.
– individuals who fulfill the meaning of organization specialist or employment info innovation consultant under the ESA if particular conditions are satisfied.
For a total listing of other people not governed by the ESA, please check the ESA and its guidelines.

Employee misclassification

Employers are forbidden from misclassifying workers as independent professionals, interns, volunteers or any other type of worker 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 readily 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 appreciating the analysis, administration and enforcement of the ESA.
– Staff at the Employment Standards Information Centre are available to address your concerns about the ESA. Information is offered in numerous languages. You can reach the info centre from Monday to Friday, 8:30 a.m.