This guide is a convenient source of details about key areas of the ESA. It is for your information and support just. It is not a legal file. If you require information or exact language, please describe the ESA itself and its guidelines.

This guide should not be utilized as or considered legal advice. You may have higher rights under an employment agreement, collective arrangement, the common law or other legislation. If you're uncertain about anything in this guide, please speak to a lawyer.

Topics covered by the ESA?

These consist of:

advantage strategies
bereavement leave
child death leave
crime-related child disappearance leave
important health problem leave
stated emergency leave
domestic or sexual violence leave
the work standards poster: circulation requirements
equal spend for equal work
household caretaker leave
family medical leave
household responsibility leave
filing a claim
hours of work, consuming periods and pause
transmittable illness emergency leave
licensing - temporary assistance companies and employers
lie detector tests
minimum wage
non-compete agreements
organ donor leave
overtime pay
payment of earnings
pregnancy and employment parental leave
public holidays
reservist leave
severance of employment
authorized leave
temporary aid agencies
termination of work and short-term layoffs
ideas or gratuities
trip.
written policy on disconnecting from work.
composed policy on electronic monitoring of employees.
Reprisals are restricted

Employers are forbidden from punishing workers in any method due to the fact that the staff member worked out ESA rights.

Clients of short-lived assistance agencies are prohibited from punishing project staff members in any way since the project employee exercised ESA rights.

Recruiters are prohibited from workers who engage or utilize the employer's services in any method for particular factors, including asking the recruiter to abide by the Act or inquiring about whether an individual holds a licence as required by the ESA.

Employers, customers of momentary assistance agencies and employers who devote a reprisal can be:

- ordered to compensate the worker, project employee or prospective staff member.
- bought to reinstate the worker or assignment employee (if the reprisal was dedicated by a company or customer of a temporary help company).
- purchased to pay a penalty.
- prosecuted.
Learn more about reprisals.

Greater right or advantage

If a provision in a work agreement or another Act provides a staff member a higher right or advantage than a minimum work standard under the ESA then that provision applies to the worker instead of the employment requirement.

No waiving of rights

No employee can consent to waive or quit their rights under the ESA (for instance, the right to receive overtime pay or public holiday pay). Any such agreement 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 on which provision of the ESA was contravened. Examples include:

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

The ESA includes just a few of the rules affecting operate 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 Safety Act.
Workplace Safety and Insurance Act, 1997.
Labour Relations Act, 1995.
Pay Equity Act.
Human Rights Code.
For more details 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, work insurance coverage and the Canada Pension.

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 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:

- employees and companies in sectors that fall under federal employment law jurisdiction, such as airline companies, banks, the federal civil service, post workplaces, radio and television stations and inter-provincial trains.
- people working under a program approved by a college of used arts and innovation or university.
- individuals working under a program that is approved by a career college signed up under the Ontario Career Colleges Act, 2005.
- secondary school students who work under a work experience program authorized by the school board that runs the school in which the student is registered.
- individuals who do neighborhood involvement under the Ontario Works Act, 1997.
- policeman (except for the lie detectors arrangements of the ESA, which do use).
- inmates participating in work or rehab programs, or people who work as part of a sentence or order of a court.
- individuals who hold political, judicial, spiritual or elected trade union workplaces.
- major junior ice hockey players who meet certain conditions connected to scholarships.
- people who fulfill the meaning of company consultant or infotech specialist under the ESA if specific 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 professionals, interns, volunteers or any other type of employee 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 extra resources offered 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 offered to address your concerns about the ESA. Information is available in lots of languages. You can reach the details centre from Monday to Friday, 8:30 a.m.