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Founded Date March 14, 2009
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Sectors Emergency Medical
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Company Description
Your Guide to The Employment Standards Act
This guide is a hassle-free source of information about crucial sections of the ESA. It is for your info and assistance only. It is not a legal file. If you need information or exact language, please refer to the ESA itself and its guidelines.
This guide must not be used as or thought about legal guidance. You may have higher rights under an employment agreement, collective arrangement, the common law or other legislation. If you’re unsure about anything in this guide, please speak to an attorney.
Topics covered by the ESA?
These consist of:
benefit plans
bereavement leave
kid death leave
crime-related kid disappearance leave
vital disease leave
declared emergency situation leave
domestic or sexual violence leave
the employment requirements poster: circulation requirements
equivalent pay for equal work
household caregiver leave
household medical leave
family obligation leave
submitting a claim
hours of work, consuming periods and rest periods
transmittable illness emergency situation leave
licensing – momentary help agencies and employers
lie detector tests
minimum wage
non-compete agreements
organ donor leave
overtime pay
payment of incomes
pregnancy and parental leave
public vacations
reservist leave
severance of employment
sick leave
short-lived aid companies
termination of work and momentary layoffs
suggestions or gratuities
trip.
composed policy on disconnecting from work.
composed policy on electronic tracking of staff members.
Reprisals are prohibited
Employers are forbidden from punishing workers in any method due to the fact that the employee worked out ESA rights.
Clients of short-term assistance agencies are forbidden from penalizing task staff members in any method because the task employee exercised ESA rights.
Recruiters are restricted from penalizing potential employees who engage or use the employer’s services in any method for specific reasons, including asking the employer to adhere to the Act or making inquiries about whether a person holds a licence as needed by the ESA.
Employers, clients of short-term assistance agencies and employers who dedicate a reprisal can be:
– purchased to compensate the worker, assignment staff member or potential staff member.
– purchased to reinstate the staff member or project worker (if the reprisal was devoted by an employer or client of a short-term aid company).
– bought to pay a charge.
– prosecuted.
Learn more about reprisals.
Greater right or advantage
If an arrangement in an employment contract or another Act offers a worker a higher right or benefit than a minimum employment requirement under the ESA then that arrangement uses to the employee instead of the employment standard.
No waiving of rights
No employee can concur to waive or quit their rights under the ESA (for employment instance, the right to receive overtime pay or public vacation pay). Any such contract is null and employment space.
Enforcement and compliance
Violations of the ESA can lead to .
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 financial charge.
– an order to restore and/or compensate.
– prosecution.
Other workplace-related laws
The ESA contains only some of the rules affecting operate in Ontario. Other provincial and federal legislation governs problems such as workplace health and wellness, 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 info 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 work environments include statutes on income tax, employment insurance and the Canada Pension.
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 staff members and employment companies 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:
– workers and employers in sectors that fall under federal work law jurisdiction, such as airline companies, banks, the federal civil service, post offices, employment radio and television stations and inter-provincial railways.
– people working under a program approved by a college of used arts and innovation or university.
– people working under a program that is approved by a profession 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 registered.
– people who do neighborhood involvement under the Ontario Works Act, 1997.
– policeman (other than for the lie detectors provisions of the ESA, which do apply).
– prisoners participating in work or rehabilitation programs, or people who work as part of a sentence or order of a court.
– people who hold political, judicial, religious or elected trade union workplaces.
– major junior ice hockey players who satisfy certain conditions associated with scholarships.
– people who meet the meaning of company expert or details innovation expert under the ESA if specific conditions are fulfilled.
For a complete listing of other individuals not governed by the ESA, please inspect the ESA and its guidelines.
Employee misclassification
Employers are restricted from misclassifying staff members as independent specialists, interns, volunteers or any other type of worker not covered by the ESA.
Discover more about staff member misclassification.
Additional resources
In addition to this guide, the Ministry of Labour, Immigration, Training and Skills Development (MLITSD) has extra resources readily available to assist you:
– The Employment Standards Act Policy and Interpretation Manual is the primary recommendation source for the policies of the Director employment of Employment Standards respecting 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 available in many languages. You can reach the details centre from Monday to Friday, 8:30 a.m.