
Niftyhire
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Founded Date August 8, 1962
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Sectors Health Care
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Company Description
Your Guide to The Employment Standards Act
This guide is a hassle-free source of information about key areas of the ESA. It is for your info and support only. It is not a legal document. If you need details or precise language, please refer to the ESA itself and its guidelines.
This guide ought to not be utilized as or considered legal recommendations. You might have greater rights under an employment agreement, cumulative contract, employment the common law or other legislation. If you’re unsure about anything in this guide, please talk with a legal representative.
Topics covered by the ESA?
These include:
advantage plans
bereavement leave
child death leave
crime-related kid disappearance leave
important illness leave
stated emergency leave
domestic or sexual violence leave
the work requirements poster: circulation requirements
equivalent spend for equivalent work
family caregiver leave
family medical leave
household obligation leave
submitting a claim
hours of work, eating periods and pause
contagious disease emergency leave
licensing – short-lived assistance companies and employers
lie detector tests
minimum wage
non-compete agreements
organ donor leave
overtime pay
payment of incomes
pregnancy and parental leave
public holidays
reservist leave
severance of employment
ill leave
temporary assistance companies
termination of employment and short-lived layoffs
ideas or gratuities
vacation.
written policy on disconnecting from work.
written policy on electronic monitoring of workers.
Reprisals are forbidden
Employers are prohibited from punishing employees in any method because the staff member worked out ESA rights.
Clients of short-lived assistance agencies are restricted from punishing assignment workers in any way since the assignment staff member worked out ESA rights.
Recruiters are prohibited from penalizing potential staff members who engage or utilize the employer’s services in any way for certain reasons, consisting of asking the employer to abide by the Act or investigating about whether a person holds a licence as needed by the ESA.
Employers, customers of short-term help companies and recruiters who devote a reprisal can be:
– ordered to compensate the staff member, task employee or prospective employee.
– bought to reinstate the employee or assignment employee (if the reprisal was dedicated by an employer or customer of a short-lived assistance agency).
– bought to pay a penalty.
– prosecuted.
Discover more about reprisals.
Greater right or advantage
If an arrangement in an employment agreement or another Act provides an employee a greater right or benefit than a minimum employment standard under the ESA then that arrangement uses to the staff member rather 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 get overtime pay or public holiday 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 provision 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 reinstate and/or compensate.
– prosecution.
Other workplace-related laws
The ESA contains just a few of the guidelines impacting work in Ontario. Other provincial and federal legislation governs issues such as health and safety, human rights and labour relations.
Related Ontario laws include the:
Occupational Health And Wellness 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 impacting workplaces include statutes on earnings tax, work insurance coverage and the Canada Pension.
To learn 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 use to some individuals and individuals or companies they work for, such as:
– workers and companies in sectors that fall under federal employment law jurisdiction, such as airlines, banks, the federal civil service, post offices, radio and tv stations and inter-provincial railways.
– people working under a program authorized by a college of applied arts and innovation or university.
– individuals working under a program that is approved by a career college registered under the Ontario Career Colleges Act, 2005.
– secondary school students 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.
– policeman (except for the lie detectors arrangements of the ESA, which do use).
– inmates participating in work or employment rehabilitation programs, employment or people who work as part of a sentence or order of a court.
– individuals who hold political, judicial, religious or chosen trade union workplaces.
– significant junior ice hockey gamers who meet specific conditions connected to scholarships.
– people who fulfill the meaning of business consultant or infotech consultant under the ESA if certain conditions are satisfied.
For a total listing of other individuals not governed by the ESA, please inspect the ESA and its policies.
Employee misclassification
Employers are restricted from misclassifying workers as independent contractors, interns, volunteers or any other kind of worker 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 additional resources available to help you:
– The Employment Standards Act Policy and Interpretation Manual is the primary referral source for the policies of the Director employment of Employment Standards appreciating the interpretation, administration and enforcement of the ESA.
– Staff at the Employment Standards Information Centre are readily available to address your questions about the ESA. Information is readily available in numerous languages. You can reach the info centre from Monday to Friday, 8:30 a.m.