
Timbaktuu
Add a review FollowOverview
-
Founded Date December 24, 2000
-
Sectors FLUENCY DISORDERS
-
Posted Jobs 0
-
Viewed 4
Company Description
Your Guide to The Employment Standards Act
This guide is a practical source of details about key areas of the ESA. It is for your info and assistance just. It is not a legal file. If you require details or exact language, please refer to the ESA itself and its regulations.
This guide needs to not be used as or considered legal advice. You might have higher rights under a work agreement, employment cumulative contract, the typical law or other legislation. If you’re unsure about anything in this guide, please talk with a lawyer.
Topics covered by the ESA?
These include:
benefit plans
bereavement leave
kid death leave
crime-related kid disappearance leave
crucial health problem leave
stated emergency leave
domestic or sexual violence leave
the work standards poster: circulation requirements
equivalent pay for equal work
family caretaker leave
household medical leave
family responsibility leave
filing a claim
hours of work, eating durations and rest periods
contagious illness emergency situation leave
licensing – momentary assistance firms and employers
lie detector tests
base pay
non-compete arrangements
organ donor leave
overtime pay
payment of salaries
pregnancy and employment adult leave
public holidays
reservist leave
severance of employment
sick leave
temporary help companies
termination of work and temporary layoffs
pointers or gratuities
holiday.
written policy on disconnecting from work.
composed policy on electronic monitoring of workers.
Reprisals are restricted
Employers are forbidden from penalizing workers in any method since the employee exercised ESA rights.
Clients of momentary assistance firms are restricted from punishing assignment staff members in any way due to the fact that the project employee worked out ESA rights.
Recruiters are prohibited from penalizing potential workers who engage or use the recruiter’s services in any way for particular reasons, consisting of asking the employer to abide by the Act or inquiring about whether an individual holds a licence as needed by the ESA.
Employers, customers of temporary aid firms and recruiters who commit a reprisal can be:
– ordered to compensate the staff member, assignment employee or potential worker.
– purchased to reinstate the worker or project staff member (if the reprisal was dedicated by an employer or customer of a short-term aid agency).
– bought to pay a penalty.
– prosecuted.
Find out more about reprisals.
Greater right or benefit
If a provision in an employment agreement or another Act offers a staff member a greater right or advantage than a minimum work standard under the ESA then that arrangement applies to the employee rather of the employment standard.
No waiving of rights
No employee can concur to waive or offer up their rights under the ESA (for example, the right to get overtime pay or public holiday pay). Any such arrangement is null and space.
Enforcement and compliance
Violations of the ESA can result in 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 contravention with a financial charge.
– an order to restore and/or compensate.
– prosecution.
Other workplace-related laws
The ESA contains just some of the guidelines affecting work in Ontario. Other provincial and federal legislation governs issues such as workplace health and security, human rights and labour relations.
Related 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 affecting workplaces include statutes on earnings tax, employment insurance 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 staff members and employers in Ontario are covered by the ESA. However, the ESA does not use to some people and individuals or companies they work for, employment such as:
– workers and companies in sectors that fall under federal work law jurisdiction, such as airlines, 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 profession college registered under the Ontario Career Colleges Act, 2005.
– secondary school trainees who work under a work experience program licensed by the school board that runs the school in which the student is enrolled.
– people who do neighborhood involvement under the Ontario Works Act, 1997.
– police officers (except for employment 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 offices.
– major junior ice hockey players who fulfill particular conditions related to scholarships.
– individuals who fulfill the definition of business specialist or infotech specialist under the ESA if particular conditions are met.
For a complete listing of other people not governed by the ESA, please examine the ESA and its regulations.
Employee misclassification
Employers are restricted from misclassifying workers as independent professionals, interns, volunteers or any other kind of employee 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 additional resources readily available to assist 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 available to address your concerns about the ESA. Information is available in numerous languages. You can reach the information centre from Monday to Friday, 8:30 a.m.