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

This guide must not be used as or thought about legal recommendations. You might have greater rights under an employment agreement, collective agreement, the common law or other legislation. If you're uncertain about anything in this guide, please speak with an attorney.

Topics covered by the ESA?

These consist of:

advantage plans
bereavement leave
child death leave
crime-related kid disappearance leave
crucial illness leave
stated emergency leave
domestic or sexual violence leave
the work requirements poster: king-wifi.win circulation requirements
equal pay for equal work
household caretaker leave
household medical leave
family responsibility leave
submitting a claim
hours of work, eating periods and pause
contagious illness emergency leave
licensing - temporary assistance companies and recruiters
lie detector tests
base pay
non-compete agreements
organ donor leave
pay
payment of incomes
pregnancy and parental leave
public vacations
reservist leave
severance of employment
authorized leave
short-term aid agencies
termination of work and short-term layoffs
tips or gratuities
vacation.
composed policy on detaching from work.
written policy on electronic monitoring of employees.
Reprisals are forbidden

Employers are restricted from penalizing employees in any way because the employee worked out ESA rights.

Clients of short-lived help firms are prohibited from punishing project employees in any way due to the fact that the task employee exercised ESA rights.

Recruiters are forbidden from punishing potential staff members who engage or use the employer's services in any way for certain reasons, consisting of asking the recruiter to comply with the Act or inquiring about whether an individual holds a licence as needed by the ESA.

Employers, customers of temporary aid companies and recruiters who commit a reprisal can be:

- bought to compensate the worker, assignment staff member or prospective staff member.
- ordered to renew the employee or project worker (if the reprisal was devoted by an employer or customer of a short-lived help firm).
- ordered to pay a charge.
- prosecuted.
Find out more about reprisals.

Greater right or advantage

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

No waiving of rights

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

Enforcement and compliance

Violations 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 charge.
- an order to restore and/or compensate.
- prosecution.
Other workplace-related laws

The ESA contains only a few of the rules impacting operate in Ontario. Other provincial and federal legislation governs concerns 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.
For additional 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 offices include statutes on income tax, employment insurance coverage and the Canada Pension Plan.

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

- staff members and employers in sectors that fall under federal work law jurisdiction, such as airlines, banks, the federal civil service, post offices, radio and tv stations and inter-provincial trains.
- people working under a program approved by a college of applied arts and innovation or university.
- individuals working under a program that is authorized by a profession 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 trainee is registered.
- people who do community participation under the Ontario Works Act, 1997.
- law enforcement officer (other than for the lie detectors arrangements of the ESA, which do apply).
- prisoners taking part in work or rehab programs, or people who work as part of a sentence or order of a court.
- people who hold political, judicial, spiritual or chosen trade union offices.
- significant junior ice hockey gamers who meet certain conditions connected to scholarships.
- individuals who satisfy the definition of organization consultant or information innovation expert under the ESA if specific conditions are met.
For a total listing of other individuals not governed by the ESA, please check the ESA and its policies.

Employee misclassification

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

Learn more about employee misclassification.

Additional resources

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

- The Employment Standards Act Policy and Interpretation Manual is the main recommendation source for [users.atw.hu](http://users.atw.hu/samp-info-forum/index.php?PHPSESSID=49f8d08ad4f20726ab355c2e1ae3f8b0&action=profile