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Your-Guide-to-The-Employment-Standards-Act.md
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<br>This guide is a convenient source of info about key sections of the ESA. It is for your info and help just. It is not a legal file. If you require details or precise language, please describe the ESA itself and its guidelines.<br>
<br>This guide must not be utilized as or considered legal guidance. You may have greater rights under an [employment](https://jobs.ezelogs.com) agreement, cumulative contract, the common law or other legislation. If you're not sure about anything in this guide, please talk to a legal representative.<br>
<br>Topics covered by the ESA?<br>
<br>These include:<br>
<br>advantage strategies
<br>bereavement leave
<br>kid death leave
<br>crime-related kid disappearance leave
<br>critical disease leave
<br>stated emergency situation leave
<br>domestic or sexual violence leave
<br>the employment standards poster: circulation requirements
<br>equivalent pay for equal work
<br>family caretaker leave
<br>household medical leave
<br>family duty leave
<br>submitting a claim
<br>hours of work, eating periods and pause
<br>transmittable disease emergency leave
<br>licensing - temporary aid companies and employers
<br>lie detector tests
<br>minimum wage
<br>non-compete contracts
<br>organ donor leave
<br>overtime pay
<br>payment of salaries
<br>pregnancy and parental leave
<br>public vacations
<br>reservist leave
<br>severance of work
<br>sick leave
<br>short-lived assistance firms
<br>termination of work and momentary layoffs
<br>ideas or [employment](https://links.gtanet.com.br/carlmco7063) gratuities
<br>trip.
<br>written policy on detaching from work.
<br>composed policy on electronic monitoring of workers.
<br>
Reprisals are forbidden<br>
<br>Employers are restricted from penalizing employees in any method because the staff member exercised ESA rights.<br>
<br>Clients of momentary assistance firms are restricted from penalizing assignment staff members in any way because the assignment worker exercised ESA rights.<br>
<br>Recruiters are restricted from punishing potential staff members who engage or utilize the employer's services in any method for certain reasons, including asking the employer to adhere to the Act or inquiring about whether an individual holds a licence as required by the ESA.<br>
<br>Employers, customers of momentary assistance firms and employers who commit a reprisal can be:<br>
<br>- purchased to compensate the worker, task employee or [employment](https://links.gtanet.com.br/quyenmcleod0) potential employee.
<br>- bought to restore the staff member or project worker (if the reprisal was dedicated by a company or customer of a short-term assistance firm).
<br>- purchased to pay a charge.
<br>- prosecuted.
<br>
Discover more about reprisals.<br>
<br>Greater right or benefit<br>
<br>If a provision in an employment agreement or another Act gives an employee a higher right or benefit than a minimum employment requirement under the ESA then that provision uses to the staff member instead of the work standard.<br>
<br>No waiving of rights<br>
<br>No employee can agree to waive or [employment](https://wiki.eqoarevival.com/index.php/User:ChassidyDeChair) quit their rights under the ESA (for instance, the right to receive overtime pay or public holiday pay). Any such agreement is null and space.<br>
<br>Enforcement and compliance<br>
<br>Violations of the ESA can result in enforcement action.<br>
<br>The kind of enforcement action that can be taken depends on which provision of the ESA was contravened. Examples consist of:<br>
<br>- an order to pay.
<br>- a compliance order.
<br>- a ticket.
<br>- a notification of breach with a monetary charge.
<br>- an order to reinstate and/or compensate.
<br>- prosecution.
<br>
Other workplace-related laws<br>
<br>The ESA consists of only some of the guidelines affecting operate in Ontario. Other provincial and federal legislation governs issues such as workplace health and safety, human rights and labour relations.<br>
<br>Related Ontario laws include the:<br>
<br>Occupational Health and Safety Act.
<br>Workplace Safety and Insurance Act, 1997.
<br>Labour Relations Act, 1995.
<br>Pay Equity Act.
<br>Human Rights Code.
<br>
To learn more about other Ontario laws, contact ServiceOntario:<br>
<br>- Tel: 416-326-1234 (in Toronto).
<br>- Toll-free: 1-800-267-8097 (in the rest of Ontario).
<br>- online at ServiceOntario.ca.
<br>
Federal laws impacting offices include statutes on earnings tax, work insurance coverage and the Canada Pension Plan.<br>
<br>To learn more about federal laws, call the Government of Canada info line at 1-800-622-6232.<br>
<br>Who is not covered by the ESA?<br>
<br>Most workers and employers in Ontario are covered by the ESA. However, the ESA does not apply to some individuals and the individuals or companies they work for, [employment](https://pattern-wiki.win/wiki/User:ArnoldoWtm) such as:<br>
<br>- workers and employers in sectors that fall under federal [employment](https://aijobs.ai) law jurisdiction, such as airline companies, banks, the federal civil service, post offices, radio and tv stations and inter-provincial trains.
<br>- individuals working under a program authorized by a college of used arts and innovation or university.
<br>- people working under a program that is authorized by a career college registered under the Ontario Career Colleges Act, 2005.
<br>- secondary school trainees who work under a work experience program licensed by the school board that operates the school in which the trainee is enrolled.
<br>- individuals who do community participation under the Ontario Works Act, 1997.
<br>- law enforcement officer (other than for the lie detectors provisions of the ESA, which do use).
<br>- prisoners taking part in work or rehabilitation programs, or people who work as part of a sentence or order of a court.
<br>- people who hold political, judicial, spiritual or chosen trade union offices.
<br>- significant junior ice hockey gamers who fulfill certain conditions related to scholarships.
<br>- people who satisfy the definition of or details technology expert under the ESA if certain conditions are met.
<br>
For a complete listing of other people not governed by the ESA, please examine the ESA and its regulations.<br>
<br>Employee misclassification<br>
<br>Employers are restricted from misclassifying workers as independent specialists, interns, [employment](https://timeoftheworld.date/wiki/User:StevenFitchett) volunteers or any other type of worker not covered by the ESA.<br>
<br>Learn more about worker misclassification.<br>
<br>Additional resources<br>
<br>In addition to this guide, the Ministry of Labour, Immigration, Training and Skills Development (MLITSD) has additional resources readily available to help you:<br>
<br>- The Employment Standards Act Policy and Interpretation Manual is the main reference source for the policies of the Director of [Employment](https://pulajobfinder.com) Standards appreciating the analysis, administration and enforcement of the ESA.
<br>- Staff at the [Employment](https://firstcallhealth.com.au) Standards Information Centre are readily available to answer your questions about the ESA. Information is available in numerous languages. You can reach the information centre from Monday to Friday, 8:30 a.m.<br>
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