
Ezelogs
FollowOverview
-
Sectors Telecommunications
-
Posted Jobs 0
-
Viewed 7
Company Description
Your Guide to The Employment Standards Act
This guide is a convenient source of information about key sections of the ESA. It is for your info and employment help just. It is not a legal document. If you need details or exact language, please refer to the ESA itself and its guidelines.
This guide should not be used as or considered legal advice. You might have greater rights under an employment agreement, collective agreement, employment the typical law or other legislation. If you’re unsure about anything in this guide, please talk to an attorney.
Topics covered by the ESA?
These consist of:
advantage strategies
bereavement leave
kid death leave
crime-related child disappearance leave
crucial illness leave
stated emergency situation leave
domestic or sexual violence leave
the employment standards poster: circulation requirements
equivalent pay for equivalent work
household caregiver leave
household medical leave
household responsibility leave
suing
hours of work, eating periods and pause
contagious illness emergency situation leave
licensing – momentary assistance companies and employers
lie detector tests
minimum wage
non-compete agreements
organ donor leave
overtime pay
payment of earnings
pregnancy and parental leave
public holidays
reservist leave
severance of employment
authorized leave
temporary aid firms
termination of employment and momentary layoffs
ideas or gratuities
getaway.
composed policy on detaching from work.
composed policy on electronic tracking of employees.
Reprisals are forbidden
Employers are prohibited from punishing employees in any way since the employee exercised ESA rights.
Clients of temporary help companies are prohibited from penalizing task employees in any way because the project staff member exercised ESA rights.
Recruiters are forbidden from punishing prospective staff members who engage or utilize the recruiter’s services in any method for particular reasons, consisting of asking the recruiter to abide by the Act or making questions about whether an individual holds a licence as needed by the ESA.
Employers, customers of momentary help agencies and employers who dedicate a reprisal can be:
– bought to compensate the employee, project employee or prospective staff member.
– bought to restore the worker or assignment staff member (if the reprisal was devoted by an employer or customer of a short-term help agency).
– purchased to pay a charge.
– prosecuted.
Discover more about reprisals.
Greater right or advantage
If a provision in an employment contract or another Act provides a staff member a greater right or advantage than a minimum work standard under the ESA then that provision applies to the staff member instead of the employment requirement.
No waiving of rights
No staff member can agree to waive or quit their rights under the ESA (for instance, the right to receive overtime pay or public holiday pay). Any such arrangement is null and void.
Enforcement and compliance
Violations of the ESA can result in 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 notice of conflict with a monetary penalty.
– an order to reinstate and/or .
– prosecution.
Other workplace-related laws
The ESA includes only some of the rules impacting work in Ontario. Other provincial and federal legislation governs problems such as workplace health and security, 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 include statutes on income tax, work insurance 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 employees and employers in Ontario are covered by the ESA. However, the ESA does not use to some people and individuals or organizations they work for, such as:
– employees 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 railways.
– individuals working under a program authorized 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 trainees who work under a work experience program licensed by the school board that operates the school in which the student is enrolled.
– people who do community involvement under the Ontario Works Act, 1997.
– law enforcement officer (other than for the lie detectors arrangements of the ESA, which do use).
– prisoners 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 gamers who satisfy certain conditions associated with scholarships.
– individuals who meet the definition of company expert or infotech expert under the ESA if particular conditions are satisfied.
For a total listing of other individuals not governed by the ESA, please examine the ESA and employment its regulations.
Employee misclassification
Employers are restricted from misclassifying employees as independent specialists, interns, volunteers or any other kind of employee not covered by the ESA.
Find out more about worker misclassification.
Additional resources
In addition to this guide, employment 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 reference source for the policies of the Director of Employment Standards appreciating the interpretation, administration and enforcement of the ESA.
– Staff at the Employment Standards Information Centre are available to address your concerns about the ESA. Information is available in many languages. You can reach the details centre from Monday to Friday, 8:30 a.m.