This guide is a convenient source of information about key sections of the ESA. It is for your details and support just. It is not a legal document. If you require information or specific language, please describe the ESA itself and its guidelines.

This guide should not be utilized as or considered legal guidance. You may have greater rights under a work contract, cumulative agreement, the typical law or other legislation. If you're uncertain about anything in this guide, please speak to an attorney.

Topics covered by the ESA?

These include:

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 spend for equivalent work
family caregiver leave
household medical leave
family responsibility leave
filing a claim
hours of work, consuming durations and pause
infectious illness emergency situation leave
licensing - short-term assistance firms and employers
lie detector tests
base pay
non-compete contracts
organ donor leave
overtime pay
payment of incomes
pregnancy and parental leave
public holidays
reservist leave
severance of employment
authorized leave
short-term aid agencies
termination of work and temporary layoffs
suggestions or gratuities
getaway.
written policy on disconnecting from work.
composed policy on electronic monitoring of employees.
Reprisals are restricted

Employers are forbidden from penalizing workers in any method since the employee worked out ESA rights.

Clients of short-lived aid agencies are prohibited from penalizing assignment staff members in any method due to the fact that the task worker exercised ESA rights.

Recruiters are forbidden from punishing prospective workers who engage or use the employer's services in any way for clashofcryptos.trade specific reasons, including asking the employer to comply with the Act or inquiring about whether a person holds a licence as required by the ESA.

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

- purchased to compensate the worker, assignment staff member or prospective worker.
- purchased to restore the worker or assignment employee (if the reprisal was dedicated by a company or customer of a short-lived assistance firm).
- bought to pay a charge.
- prosecuted.
Discover more about reprisals.

Greater right or benefit

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

No waiving of rights

No employee can consent to waive or offer up their rights under the ESA (for instance, the right to receive overtime pay or public vacation pay). Any such agreement is null and space.

and compliance

Violations of the ESA can result in enforcement action.

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

The ESA contains only a few of the guidelines impacting operate 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.
For more details 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 impacting offices consist of statutes on earnings tax, work insurance coverage and the Canada Pension.

To learn more about federal laws, call the Government of Canada information line at 1-800-622-6232.

Who is not covered by the ESA?

Most staff members and employers in Ontario are covered by the ESA. However, the ESA does not apply to some people and the people or companies 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 approved by a college of applied arts and innovation or university.
- individuals working under a program that is approved 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 operates the school in which the trainee is registered.
- people who do community participation under the Ontario Works Act, 1997.
- law enforcement officer (except for wiki.vst.hs-furtwangen.de the lie detectors arrangements of the ESA, which do apply).
- inmates taking part in work or rehabilitation 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.
- major junior ice hockey players who meet specific conditions connected to scholarships.
- individuals who fulfill the meaning of service expert or infotech consultant under the ESA if particular conditions are met.
For a complete listing of other individuals not governed by the ESA, please inspect the ESA and its regulations.

Employee misclassification

Employers are prohibited from misclassifying employees as independent specialists, 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 readily available to help you:

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