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

This guide should not be used as or thought about legal advice. You might have higher rights under a work contract, cumulative arrangement, job the typical law or job other legislation. If you're not sure about anything in this guide, please speak with a legal representative.

Topics covered by the ESA?

These include:

advantage plans
bereavement leave
kid death leave
crime-related kid disappearance leave
crucial illness leave
declared emergency situation leave
domestic or sexual violence leave
the employment requirements poster: circulation requirements
equal pay for equivalent work
family caregiver leave
household medical leave
family duty leave
submitting a claim
hours of work, eating periods and rest periods
infectious disease emergency leave
licensing - temporary aid firms and employers
lie detector tests
base pay
non-compete arrangements
organ donor leave
overtime pay
payment of incomes
pregnancy and parental leave
public vacations
reservist leave
severance of work
sick leave
short-lived assistance companies
termination of work and short-lived layoffs
pointers or gratuities
vacation.
composed policy on disconnecting from work.
composed policy on electronic monitoring of staff members.
Reprisals are restricted

Employers are prohibited from punishing workers in any way since the staff member worked out ESA rights.

Clients of short-term aid agencies are prohibited from punishing project staff members in any way due to the fact that the assignment worker exercised ESA rights.

Recruiters are forbidden from punishing prospective employees who engage or utilize the recruiter's services in any way for particular factors, consisting of asking the recruiter to adhere to the Act or investigating about whether an individual holds a licence as needed by the ESA.

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

- bought to compensate the worker, project employee or potential employee.
- ordered to restore the worker or project employee (if the reprisal was dedicated by a company or customer of a short-term help agency).
- bought to pay a charge.
- prosecuted.
Learn more about reprisals.

Greater right or advantage

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

No waiving of rights

No employee can agree to waive or quit their rights under the ESA (for example, the right to receive overtime pay or public vacation pay). Any such contract is null and void.

Enforcement and compliance

Violations of the ESA can lead to enforcement action.

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

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

The ESA consists of just some of the guidelines affecting work in Ontario. Other provincial and federal legislation governs concerns such as workplace health and safety, 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 work environments consist of statutes on income tax, work insurance coverage and the Canada Pension Plan.

To find out more about federal laws, call the Government of Canada details line at 1-800-622-6232.

Who is not covered by the ESA?

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

- workers and employers in sectors that fall under federal employment law jurisdiction, such as airline companies, banks, the federal civil service, post workplaces, radio and tv stations and inter-provincial trains.
- people working under a program authorized by a college of used arts and technology or university.
- people working under a program that is authorized 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 participation under the Ontario Works Act, 1997.
- policeman (other than for the lie detectors provisions of the ESA, which do use).
- inmates participating in work or job 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 offices.
- major junior ice hockey players who satisfy certain conditions related to scholarships.
- people who satisfy the definition of organization expert or infotech consultant 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 guidelines.

Employee misclassification

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

Discover more about employee misclassification.

Additional resources

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

- The Employment Standards Act Policy and Interpretation Manual is the main reference 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 lots of languages. You can reach the info centre from Monday to Friday, 8:30 a.m.