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

This guide must not be utilized as or considered legal recommendations. You might have higher rights under an employment agreement, cumulative contract, the common law or other legislation. If you're unsure about anything in this guide, please speak to an attorney.

Topics covered by the ESA?

These consist of:

advantage plans
bereavement leave
child death leave
crime-related kid disappearance leave
critical health problem leave
stated emergency situation leave
domestic or sexual violence leave
the work standards poster: distribution requirements
equal spend for equal work
family caregiver leave
household medical leave
family obligation leave
suing
hours of work, consuming periods and rest periods
contagious illness emergency leave
licensing - short-lived help companies and recruiters
lie detector tests
minimum wage
non-compete agreements
organ donor leave
overtime pay
payment of wages
pregnancy and adult leave
public holidays
reservist leave
severance of work
sick leave
short-lived help companies
termination of work and short-lived layoffs
suggestions or gratuities
getaway.
composed policy on detaching from work.
composed policy on electronic tracking of staff members.
Reprisals are restricted

Employers are restricted from penalizing staff members in any method due to the fact that the staff member worked out ESA rights.

Clients of short-lived aid companies are forbidden from punishing project employees in any method because the assignment worker worked out ESA rights.

Recruiters are forbidden from punishing potential staff members who engage or utilize the employer's services in any method for specific reasons, including asking the employer to abide by the Act or making queries about whether a person holds a licence as needed by the ESA.

Employers, customers of short-lived assistance companies and recruiters who devote a reprisal can be:

- ordered to compensate the employee, task worker or prospective worker.
- purchased to restore the staff member or assignment employee (if the reprisal was dedicated by an employer or customer of a temporary aid company).
- bought to pay a charge.
- prosecuted.
Find out more about reprisals.

Greater right or advantage

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

No waiving of rights

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

Enforcement and compliance

Violations of the ESA can result in enforcement action.

The kind of enforcement action that can be taken depends upon which provision of the ESA was contravened. Examples consist of:

- an order to pay.
- a compliance order.
- a ticket.
- a notification of contravention with a financial penalty.
- an order to reinstate and/or compensate.
- prosecution.
Other workplace-related laws

The ESA includes just a few of the guidelines affecting work in Ontario. Other provincial and federal legislation governs concerns such as workplace health and wellness, 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.
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 impacting offices consist of statutes on earnings tax, employment insurance and the Canada Pension.

To learn more about federal laws, call the Government of Canada info 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 companies in sectors that fall under federal work law jurisdiction, such as airlines, banks, the federal civil service, post workplaces, elearnportal.science radio and tv stations and inter-provincial trains.
- individuals working under a program approved by a college of used arts and innovation or university.
- people working under a program that is approved by a profession 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 registered.
- individuals who do neighborhood involvement under the Ontario Works Act, 1997.
- policeman (other than for nerdgaming.science the lie detectors arrangements of the ESA, which do apply).
- prisoners participating in work or rehab programs, or people who work as part of a sentence or order of a court.
who hold political, judicial, spiritual or chosen trade union workplaces.
- major junior ice hockey gamers who meet particular conditions related to scholarships.
- individuals who fulfill the meaning of business consultant or details technology specialist under the ESA if certain conditions are fulfilled.
For a total listing of other people not governed by the ESA, please inspect the ESA and its policies.

Employee misclassification

Employers are prohibited from misclassifying workers as independent contractors, interns, volunteers or any other kind of employee not covered by the ESA.

Find out more about staff member misclassification.

Additional resources

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

- The Employment Standards Act Policy and Interpretation Manual is the main 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 available to answer 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.