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  • Founded Date November 18, 1984
  • Sectors Construction
  • Posted Jobs 0
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Company Description

Your Guide to The Employment Standards Act

This guide is a hassle-free source of information about essential areas of the ESA. It is for your details and assistance only. It is not a legal document. If you need details or precise language, please describe the ESA itself and its policies.

This guide needs to not be used as or considered legal recommendations. You might have higher rights under a work contract, collective contract, the common law or other legislation. If you’re unsure about anything in this guide, please talk with an attorney.

Topics covered by the ESA?

These include:

benefit strategies

bereavement leave

child death leave

crime-related child disappearance leave

crucial health problem leave

stated emergency situation leave

domestic or sexual violence leave

the employment standards poster: distribution requirements

equivalent spend for equivalent work

household caretaker leave

family medical leave

family responsibility leave

submitting a claim

hours of work, and pause

infectious disease emergency leave

licensing – temporary assistance agencies and recruiters

lie detector tests

base pay

non-compete agreements

organ donor leave

overtime pay

payment of wages

pregnancy and adult leave

public vacations

reservist leave

severance of employment

authorized leave

short-lived help firms

termination of work and momentary layoffs

ideas or gratuities

vacation.

written policy on detaching from work.

composed policy on electronic monitoring of staff members.

Reprisals are prohibited

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

Clients of temporary aid companies are prohibited from penalizing task employees in any method because the task staff member worked out ESA rights.

Recruiters are restricted from punishing potential staff members who engage or use the recruiter’s services in any method for specific reasons, including asking the recruiter to abide by the Act or inquiring about whether a person holds a licence as required by the ESA.

Employers, customers of short-term help agencies and recruiters who commit a reprisal can be:

– ordered to compensate the worker, task employee or prospective staff member.

– purchased to renew the staff member or assignment worker (if the reprisal was devoted by a company or client of a momentary help firm).

– ordered to pay a penalty.

– prosecuted.

Find out more about reprisals.

Greater right or advantage

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

No waiving of rights

No worker can concur to waive or provide up their rights under the ESA (for example, the right to get 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 kind of enforcement action that can be taken depends upon 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 monetary charge.

– an order to renew and/or compensate.

– prosecution.

Other workplace-related laws

The ESA includes only some of the rules affecting operate in Ontario. Other provincial and federal legislation governs issues such as workplace health and security, human rights and labour relations.

Related Ontario laws include the:

Occupational Health and Safety 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 affecting workplaces consist of statutes on income tax, employment insurance and the Canada Pension.

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

– staff members 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 railways.

– people working under a program authorized by a college of applied arts and technology or job university.

– people working under a program that is authorized by a profession college registered under the Ontario Career Colleges Act, 2005.

– secondary school students who work under a work experience program authorized by the school board that operates the school in which the trainee is registered.

– individuals who do neighborhood involvement under the Ontario Works Act, 1997.

– law enforcement officer (other than for the lie detectors provisions of the ESA, which do apply).

– inmates participating in work or job rehabilitation programs, or people 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 specific conditions associated with scholarships.

– individuals who meet the definition of service specialist or details innovation specialist under the ESA if particular conditions are met.

For a total listing of other people not governed by the ESA, please check the ESA and its regulations.

Employee misclassification

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

Discover more about employee misclassification.

Additional resources

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

– The Employment Standards Act Policy and job Interpretation Manual is the primary reference source for the policies of the Director job of Employment Standards appreciating the analysis, administration and enforcement of the ESA.

– Staff at the Employment Standards Information Centre are offered to answer your questions about the ESA. Information is offered in many languages. You can reach the info centre from Monday to Friday, 8:30 a.m.