This guide is a practical source of details about essential sections of the ESA. It is for your info and assistance only. It is not a legal document. If you need information or specific language, please describe the ESA itself and its guidelines.

This guide should not be used as or thought about legal advice. You might have greater rights under a work contract, job collective contract, the common law or job other legislation. If you're unsure about anything in this guide, please speak to a legal representative.

Topics covered by the ESA?

These include:

benefit plans
bereavement leave
kid death leave
crime-related kid disappearance leave
crucial health problem leave
stated emergency leave
domestic or sexual violence leave
the work standards poster: circulation requirements
equivalent spend for equal work
household caregiver leave
household medical leave
family responsibility leave
suing
hours of work, consuming periods and rest durations
transmittable disease emergency situation leave
licensing - temporary aid firms and employers
lie detector tests
minimum wage
non-compete agreements
organ donor leave
overtime pay
payment of wages
pregnancy and adult leave
public vacations
reservist leave
severance of work
authorized leave
momentary help firms
termination of work and short-lived layoffs
pointers or gratuities
vacation.
written policy on disconnecting from work.
composed policy on electronic monitoring of employees.
Reprisals are prohibited

Employers are forbidden from penalizing staff members in any method since the staff member exercised ESA rights.

Clients of temporary help agencies are forbidden from penalizing task staff members in any method since the task worker worked out ESA rights.

Recruiters are restricted from penalizing prospective staff members who engage or utilize the recruiter's services in any way for certain factors, including asking the employer to adhere to the Act or making inquiries about whether an individual holds a licence as required by the ESA.

Employers, clients of momentary aid agencies and recruiters who commit a reprisal can be:

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

Greater right or benefit

If a provision in an employment agreement or another Act provides an employee a higher right or benefit than a minimum employment standard under the ESA then that arrangement applies to the staff member instead of the employment standard.

No waiving of rights

No staff member can consent to waive or quit their rights under the ESA (for example, the right to get overtime pay or public holiday 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 provision of the ESA was contravened. Examples include:

- an order to pay.
- a compliance order.
- a ticket.
- a notice of contravention with a monetary penalty.
- an order to restore and/or compensate.
- prosecution.
Other workplace-related laws

The ESA contains only a few of the guidelines impacting work in Ontario. Other provincial and federal legislation governs concerns such as workplace health and job security, human rights and labour relations.

Related Ontario laws include the:

Occupational Health And Wellness Act.
Workplace Safety and job Insurance Act, 1997.
Labour Relations Act, 1995.
Pay Equity Act.
Human Rights Code.
For job 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 impacting offices include statutes on earnings tax, work insurance coverage and the Canada Pension Plan.

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 companies in Ontario are covered by the ESA. However, the ESA does not apply to some people and 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 television stations and inter-provincial railways.
- people working under a program authorized by a college of used arts and technology or university.
- individuals working under a program that is authorized by a career 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 operates the school in which the student is enrolled.
- individuals who do neighborhood participation under the Ontario Works Act, job 1997.
- policeman (except for the lie detectors arrangements of the ESA, which do use).
- 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, spiritual or chosen trade union offices.
- major junior ice hockey players who meet specific conditions related to scholarships.
- people who satisfy the definition of company consultant or expert under the ESA if certain 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 restricted from misclassifying workers as independent professionals, interns, volunteers or any other type of worker not covered by the ESA.

Learn more about worker misclassification.

Additional resources

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

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