Company Overview
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Founded Date May 13, 1978
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Posted Jobs 0
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Categories Reptiles & Amphibians
Company Description
Your Guide to The Employment Standards Act
This guide is a hassle-free source of info about crucial sections of the ESA. It is for your info and help only. It is not a legal file. If you require details or specific language, please refer to the ESA itself and its guidelines.
This guide must not be used as or thought about legal advice. You may have greater rights under an employment contract, collective agreement, the common law or other legislation. If you’re uncertain about anything in this guide, please speak to a lawyer.
Topics covered by the ESA?
These consist of:
benefit plans
bereavement leave
child death leave
crime-related child disappearance leave
critical health problem leave
stated emergency leave
domestic or sexual violence leave
the work standards poster: employment distribution requirements
equivalent pay for equal work
family caretaker leave
family medical leave
household duty leave
submitting a claim
hours of work, consuming periods and pause
transmittable illness emergency leave
licensing – short-term aid agencies and recruiters
lie detector tests
base pay
non-compete contracts
organ donor leave
overtime pay
payment of incomes
pregnancy and parental leave
public holidays
reservist leave
severance of work
authorized leave
momentary assistance agencies
termination of work and short-lived layoffs
ideas or gratuities
vacation.
composed policy on detaching from work.
written policy on electronic tracking of staff members.
Reprisals are restricted
Employers are restricted from penalizing staff members in any method since the staff member exercised ESA rights.
Clients of temporary assistance companies are restricted from penalizing task workers in any way because the assignment worker worked out ESA rights.
Recruiters are prohibited from punishing potential staff members who engage or utilize the employer’s services in any way for particular factors, including asking the recruiter to abide by the Act or making inquiries about whether a person holds a licence as required by the ESA.
Employers, clients of momentary aid companies and recruiters who dedicate a reprisal can be:
– ordered to compensate the employee, project staff member or potential staff member.
– bought to restore the employee or employment task worker (if the reprisal was devoted by a company or customer of a short-term assistance company).
– bought to pay a charge.
– prosecuted.
Discover more about reprisals.
Greater right or benefit
If a provision in an employment agreement or another Act offers a worker a greater right or employment benefit than a minimum work requirement under the ESA then that arrangement applies to the worker rather of the .
No waiving of rights
No worker can accept waive or provide up their rights under the ESA (for instance, the right to receive overtime pay or public vacation pay). Any such arrangement 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 breach with a financial penalty.
– an order to renew and/or compensate.
– prosecution.
Other workplace-related laws
The ESA contains only some of the rules impacting operate in Ontario. Other provincial and federal legislation governs problems such as workplace health and safety, human rights and labour relations.
Related Ontario laws consist of the:
Occupational Health and Safety Act.
Workplace Safety and Insurance Act, 1997.
Labour Relations Act, 1995.
Pay Equity Act.
Human Rights Code.
For additional information 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 work environments include statutes on earnings tax, employment insurance and the Canada Pension Plan.
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 employees and companies in Ontario are covered by the ESA. However, the ESA does not apply to some individuals and individuals or companies they work for, such as:
– employees and employers in sectors that fall under federal employment law jurisdiction, such as airline companies, banks, the federal civil service, post workplaces, radio and tv stations and inter-provincial trains.
– people working under a program authorized by a college of applied arts and innovation or university.
– people 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 authorized by the school board that runs 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 taking part in work or rehabilitation programs, or individuals who work as part of a sentence or order of a court.
– people who hold political, judicial, spiritual or chosen trade union workplaces.
– significant junior ice hockey gamers who fulfill specific conditions related to scholarships.
– individuals who meet the definition of business expert or info innovation specialist under the ESA if particular conditions are met.
For a complete listing of other individuals not governed by the ESA, please inspect the ESA and its policies.
Employee misclassification
Employers are prohibited from misclassifying workers as independent professionals, interns, volunteers or any other kind of worker not covered by the ESA.
Find out more about employee misclassification.
Additional resources
In addition to this guide, the Ministry of Labour, Immigration, Training and employment Skills Development (MLITSD) has additional resources offered to assist you:
– The Employment Standards Act Policy and Interpretation Manual is the primary recommendation source for the policies of the Director of Employment Standards appreciating the interpretation, employment administration and enforcement of the ESA.
– Staff at the Employment Standards Information Centre are available to answer 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.