This guide is a convenient source of details about crucial sections of the ESA. It is for your information and assistance only. It is not a legal document. If you require details or precise language, please describe the ESA itself and its regulations.

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

Topics covered by the ESA?

These consist of:

benefit strategies
bereavement leave
child death leave
crime-related kid disappearance leave
vital illness leave
declared emergency situation leave
domestic or sexual violence leave
the employment standards poster: distribution requirements
equivalent pay for equivalent work
family caretaker leave
family medical leave
family responsibility leave
suing
hours of work, consuming periods and rest periods
transmittable illness emergency situation leave
licensing - momentary help agencies and recruiters
lie detector tests
base pay
non-compete arrangements
organ donor leave
overtime pay
payment of wages
pregnancy and parental leave
public vacations
reservist leave
severance of work
authorized leave
temporary assistance firms
termination of employment and short-term layoffs
ideas or gratuities
vacation.
composed policy on disconnecting from work.
composed policy on electronic tracking of staff members.
Reprisals are forbidden

Employers are prohibited from penalizing staff members in any way due to the fact that the worker exercised ESA rights.

Clients of momentary help companies are restricted from punishing project workers in any way due to the fact that the assignment employee worked out ESA rights.

Recruiters are prohibited from penalizing prospective employees who engage or use the recruiter's services in any method for certain reasons, consisting of asking the recruiter to adhere to the Act or investigating about whether a person holds a licence as needed by the ESA.

Employers, customers of temporary aid firms and employment employers who dedicate a reprisal can be:

- purchased to compensate the worker, project staff member or potential employee.
- purchased to reinstate the staff member or project worker (if the reprisal was dedicated by a company or client of a temporary aid firm).
- ordered to pay a charge.
- prosecuted.
Discover more about reprisals.

Greater right or advantage

If an arrangement in an employment agreement or another Act gives an employee a higher right or advantage than a minimum employment requirement under the ESA then that arrangement uses to the worker instead of the employment requirement.

No waiving of rights

No employee can concur to waive or quit their rights under the ESA (for example, the right to get overtime pay or public vacation pay). Any such agreement is null and space.

Enforcement and compliance

Violations of the ESA can result in enforcement action.

The kind of enforcement action that can be taken depends on which arrangement of the ESA was contravened. Examples include:

- an order to pay.
- a compliance order.
- a ticket.
- a notice of conflict with a financial charge.
- an order to restore and/or compensate.
- prosecution.
Other workplace-related laws

The ESA consists of only some of the rules impacting work in Ontario. Other provincial and federal legislation governs problems such as workplace health and security, human rights and labour relations.

Related Ontario laws consist of the:

Occupational Health And Wellness 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 impacting workplaces consist of statutes on earnings tax, work insurance and the Canada Pension.

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

- workers and employers 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.
- people working under a program authorized by a college of used arts and innovation or university.
- individuals working under a program that is approved by a profession college signed up under the Ontario Career Colleges Act, 2005.
- secondary school students 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 involvement under the Ontario Works Act, 1997.
- policeman (except for the lie detectors provisions of the ESA, which do apply).
- inmates participating in work or rehab programs, or employment individuals who work as part of a sentence or order of a court.
- individuals who hold political, judicial, spiritual or elected trade union workplaces.
- significant junior ice hockey players who satisfy specific conditions associated with scholarships.
- individuals who satisfy the definition of organization specialist or details technology consultant under the ESA if particular conditions are satisfied.
For a total listing of other people not governed by the ESA, please inspect the ESA and its guidelines.

Employee misclassification

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

Find out more about employee misclassification.

Additional resources

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

- The Employment Standards Act Policy and Interpretation Manual is the primary 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 available to address your concerns about the ESA. Information is offered in numerous languages. You can reach the information centre from Monday to Friday, 8:30 a.m.