Recent and upcoming changes

Read about recent and upcoming changes related to employment standards, including:

About your guide to the ESA

This guide is a convenient source of information about key sections of the ESA. It is for your information and assistance only. It is not a legal document. If you need details or exact language, please refer to the ESA itself and its regulations.

This guide should not be used as or considered legal advice. You may have greater rights under an employment contract, collective agreement, the common law or other legislation. If you’re unsure about anything in this guide, please talk to a lawyer.

Topics covered by the ESA?

These include:

Reprisals are prohibited

Employers are prohibited from penalizing employees in any way because the employee exercised ESA rights.

Clients of temporary help agencies are prohibited from penalizing assignment employees in any way because the assignment employee exercised ESA rights.

Recruiters are prohibited from penalizing prospective employees who engage or use the recruiter’s services in any way for certain reasons, including asking the recruiter to comply with the Act or making inquiries about whether a person holds a licence as required by the ESA.

Employers, clients of temporary help agencies and recruiters who commit a reprisal can be:

  • ordered to compensate the employee, assignment employee or prospective employee
  • ordered to reinstate the employee or assignment employee (if the reprisal was committed by an employer or client of a temporary help agency)
  • ordered to pay a penalty
  • prosecuted

Learn more about reprisals.

Greater right or benefit

If a provision in an employment contract or another Act gives an employee a greater right or benefit than a minimum employment standard under the ESA then that provision applies to the employee instead of the employment standard.

No waiving of rights

No employee can agree to waive or give up their rights under the ESA (for example, the right to receive overtime pay or public holiday pay). Any such agreement 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 on which provision of the ESA was contravened. Examples include:

  • an order to pay
  • a compliance order
  • a ticket
  • a notice of contravention with a monetary penalty
  • an order to reinstate and/or compensate
  • prosecution

Other workplace-related laws

The ESA contains only some of the rules affecting work in Ontario. Other provincial and federal legislation governs issues such as workplace health and safety, human rights and labour relations.

Related Ontario laws include the:

For more information about other Ontario laws, contact ServiceOntario:

Federal laws affecting workplaces include statutes on income tax, employment insurance and the Canada Pension Plan.

For more information 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 employers in Ontario are covered by the ESA. However, the ESA does not apply to some people and the people or organizations they work for, such as:

  • employees and employers in sectors that fall under federal employment law jurisdiction, such as airlines, banks, the federal civil service, post offices, radio and television stations and inter-provincial railways
  • individuals working under a program approved by a college of applied arts and technology or university
  • individuals working under a program that is approved by a career college registered 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 enrolled
  • people who do community participation under the Ontario Works Act, 1997
  • police officers (except for the lie detectors provisions of the ESA, which do apply)
  • inmates 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, religious or elected trade union offices
  • major junior ice hockey players who meet certain conditions related to scholarships
  • individuals who meet the definition of business consultant or information technology consultant 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, volunteers or any other type of worker not covered by the ESA.

Learn more about employee misclassification.

Additional resources

In addition to this guide, the Ministry of Labour, Immigration, Training and Skills Development (MLITSD) has additional resources available to assist you:

Additional educational resources are available.

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