
Swiftwoodworks
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Founded Date June 29, 1909
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Sectors Other processors
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Company Description
Your Guide to The Employment Standards Act
This guide is a practical source of information about essential sections of the ESA. It is for your info and support only. It is not a legal file. If you need details or precise language, employment please refer to the ESA itself and its guidelines.
This guide should not be utilized as or considered legal advice. You might have greater rights under a work agreement, cumulative agreement, the typical law or other legislation. If you’re not sure about anything in this guide, please talk to a lawyer.
Topics covered by the ESA?
These consist of:
benefit plans
bereavement leave
kid death leave
crime-related kid disappearance leave
important health problem leave
declared emergency situation leave
domestic or sexual violence leave
the employment requirements poster: distribution requirements
equal pay for equal work
family caregiver leave
household medical leave
household duty leave
filing a claim
hours of work, eating durations and rest periods
contagious disease emergency situation leave
licensing – short-lived help companies and employers
lie detector tests
minimum wage
non-compete agreements
organ donor leave
overtime pay
payment of earnings
pregnancy and parental leave
public holidays
reservist leave
severance of work
sick leave
temporary help agencies
termination of work and short-lived layoffs
suggestions or gratuities
vacation.
composed policy on detaching from work.
written policy on electronic monitoring of workers.
Reprisals are restricted
Employers are prohibited from punishing employees in any method due to the fact that the worker worked out ESA rights.
Clients of short-lived help companies are forbidden from punishing task employees in any method since the assignment employee exercised ESA rights.
Recruiters are forbidden from penalizing potential staff members who engage or use the employer’s services in any way for particular reasons, consisting of asking the recruiter to comply with the Act or making inquiries about whether an individual holds a licence as needed by the ESA.
Employers, clients of short-term assistance agencies and employers who dedicate a reprisal can be:
– ordered to compensate the staff member, assignment staff member or potential employee.
– ordered to reinstate the worker or project worker (if the reprisal was dedicated by a company or client of a momentary aid company).
– purchased to pay a charge.
– prosecuted.
Discover more about reprisals.
Greater right or benefit
If an arrangement in an employment contract or another Act provides an employee a higher right or employment benefit than a minimum employment standard under the ESA then that provision uses to the worker instead of the work requirement.
No waiving of rights
No employee can accept waive or offer up their rights under the ESA (for instance, the right to receive overtime pay or public holiday pay). Any such contract is null and space.
Enforcement and compliance
Violations of the ESA can result in enforcement action.
The kind of enforcement action that can be taken depends on which arrangement of the ESA was contravened. Examples consist of:
– an order to pay.
– a compliance order.
– a ticket.
– a notification of contravention with a financial penalty.
– an order to renew and/or compensate.
– prosecution.
Other workplace-related laws
The ESA consists of only a few of the guidelines impacting operate in Ontario. Other provincial and federal legislation governs concerns such as workplace health and wellness, human rights and labour relations.
Related Ontario laws include the:
Occupational Health and Safety Act.
Workplace Safety and Insurance Act, 1997.
Labour Relations Act, 1995.
Pay Equity Act.
Human Rights Code.
To learn more 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 workplaces include statutes on earnings tax, employment insurance coverage and the Canada Pension.
For employment more details about federal laws, call the Government of Canada info 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 people and individuals or organizations they work for, such as:
– staff members and companies in sectors that fall under federal employment law jurisdiction, such as airline companies, banks, the federal civil service, post offices, radio and television stations and inter-provincial railways.
– people working under a program approved by a college of used arts and innovation or university.
– individuals working under a program that is authorized by a profession college signed up under the Ontario Career Colleges Act, 2005.
– secondary school students who work under a work experience program authorized 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.
– law enforcement officer (except for the lie detectors arrangements of the ESA, which do use).
– prisoners taking part in work or rehab programs, or people who work as part of a sentence or order of a court.
– people who hold political, employment judicial, religious or chosen trade union offices.
– major junior ice hockey gamers who meet particular conditions related to scholarships.
– people who fulfill the meaning of business consultant or infotech expert under the ESA if certain conditions are met.
For a complete listing of other individuals not governed by the ESA, please check the ESA and its regulations.
Employee misclassification
Employers are prohibited from misclassifying employees as independent contractors, interns, employment volunteers or any other kind of employee not covered by the ESA.
Discover more about employee 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 main recommendation source for the policies of the Director of Employment Standards respecting the interpretation, administration and enforcement of the ESA.
– Staff at the Standards Information Centre are readily available to address your questions about the ESA. Information is available in many languages. You can reach the information centre from Monday to Friday, 8:30 a.m.