The Employment Standards Act (ESA) is a legislation used to regulate employment in Ontario. It applies to most workplaces in the province with some notable and special rules exemptions. It does not apply to employees in federally regulated industries, such as airlines, banks, and post offices.
In addition, there are special rules for certain employees under the Act:
- Supervisors and managers Business consultants and information technology (IT) consultants.
- Politicians, judges, religious officials, or elected trade union officials.
- Police officers (except for the lie detectors provisions of the ESA, which do apply).
- Participants in the Community Participation Program under the Ontario Works program.
- Post-secondary students working in co-operative or work experience programs approved by their college or university.
- Secondary school students employed as part of co-operative programs authorized by their school board.
- Inmates participating in work or rehabilitation programs.
- Young offenders carrying out work as part of a sentence or court order.
If you fall under a category listed above, this means that employers may not be required to offer or provide certain workplace benefits or entitlements. Examples of benefits and entitlements excluded from the professions listed above include minimum standards relating to hours of work and overtime, vacation and public holiday pay, statutory leaves of absence, statutory termination pay, and statutory severance pay.
Blackburn Lawyers is made up of a team of dedicated lawyers who are pleased to provide support and guidance with your employment matters. If you have questions about the exemptions and special rules under the Employment Standards Act, contact our lawyers today.
Disclaimer: This blog sets out a variety of information relating to the law that is to be used for educational purposes and is not legal advice for your particular situation. The author of this blog does not intend for this blog to be a source of legal advice.
Written by Adriana Totera
* Please note that the information in this article is not intended as legal advice, but rather as a general overview on the subject. If you are seeking legal advice, please consult with a lawyer.
