
Thehappyservicecompany
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Founded Date 27/04/1958
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Sectors Construction / Facilities
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Company Description
Your Guide to The Employment Standards Act
This guide is a practical source of details about key sections of the ESA. It is for your info and assistance only. It is not a legal document. If you need details or specific language, please refer to the ESA itself and its regulations.
This guide ought to not be used as or considered legal guidance. You might have greater rights under a work agreement, collective agreement, the typical law or other legislation. If you’re unsure about anything in this guide, please talk to a legal representative.
Topics covered by the ESA?
These consist of:
benefit strategies
bereavement leave
kid death leave
crime-related child disappearance leave
important health problem leave
declared emergency situation leave
domestic or sexual violence leave
the work requirements poster: circulation requirements
equal pay for equal work
family caregiver leave
household medical leave
household obligation leave
suing
hours of work, consuming durations and pause
contagious illness emergency situation leave
licensing – momentary aid firms and recruiters
lie detector tests
base pay
non-compete agreements
organ donor leave
overtime pay
payment of earnings
pregnancy and adult leave
public vacations
reservist leave
severance of work
authorized leave
short-lived assistance firms
termination of employment and temporary layoffs
ideas or gratuities
trip.
composed policy on detaching from work.
composed policy on electronic tracking of employees.
Reprisals are forbidden
Employers are prohibited from penalizing staff members in any way because the staff member exercised ESA rights.
Clients of temporary aid agencies are restricted from punishing task employees in any method because the project staff member exercised ESA rights.
Recruiters are restricted from punishing prospective employees who engage or job utilize the recruiter’s services in any method for specific reasons, including asking the employer to abide by the Act or investigating about whether an individual holds a licence as required by the ESA.
Employers, customers of short-term assistance firms and employers who dedicate a reprisal can be:
– bought to compensate the employee, assignment staff member or prospective employee.
– ordered to reinstate the worker or job task staff member (if the reprisal was devoted by a company or client of a momentary aid agency).
– ordered to pay a charge.
– prosecuted.
Find out more about reprisals.
Greater right or benefit
If a provision in an employment agreement or another Act provides a staff member a higher right or benefit than a minimum employment requirement under the ESA then that provision applies to the staff member instead of the employment requirement.
No waiving of rights
No worker can consent 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 result in enforcement action.
The type of enforcement action that can be taken depends upon which provision of the ESA was contravened. Examples include:
– 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 only a few 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 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 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 impacting offices consist of statutes on earnings tax, work insurance coverage and the Canada Pension Plan.
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 employees and companies in Ontario are covered by the ESA. However, the ESA does not use to some individuals and the individuals or companies they work for, such as:
– employees and companies in sectors that fall under federal employment law jurisdiction, job such as airlines, banks, the federal civil service, post workplaces, radio and job television stations and inter-provincial trains.
– people working under a by a college of applied arts and technology or university.
– people working under a program that is approved by a career college signed up 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 registered.
– individuals who do community participation under the Ontario Works Act, 1997.
– policeman (other than for the lie detectors provisions of the ESA, which do apply).
– prisoners taking part in work or job rehab programs, or people who work as part of a sentence or order of a court.
– individuals who hold political, judicial, religious or chosen trade union offices.
– significant junior ice hockey players who satisfy particular conditions associated with scholarships.
– people who fulfill the meaning of service specialist or info innovation specialist under the ESA if certain conditions are satisfied.
For a complete listing of other individuals not governed by the ESA, please check the ESA and its regulations.
Employee misclassification
Employers are restricted from misclassifying workers as independent contractors, interns, volunteers or any other kind of employee not covered by the ESA.
Learn 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 help you:
– The Employment Standards Act Policy and Interpretation Manual is the primary recommendation source for the policies of the Director of Employment Standards respecting 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 offered in lots of languages. You can reach the info centre from Monday to Friday, 8:30 a.m.