Employment Standards Ontario

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What is the Employment Standards Act (ESA)?

The Ontario Employment Standards Act 2000 (ESA) is the main legislation that is used to regulate employment in the province. The ESA sets down the minimum standards of employment for workers in Ontario, along with workplace rights and responsibilities of employers and employees.

The Act covers most provincially regulated workplaces in Ontario, with some exceptions, such as federal employees and some other special categories.

The Employment Standards Act for Employers

The ESA is an important resource for employers to understand what is legal when operating a business. The minimum standards detailed in the Ontario ESA cannot be ignored by employers. They will apply to provincially regulated workplaces in Ontario even if employers don’t include them in their employment contracts.

However, the Ontario ESA standards are required as a basic minimum. If employers wish to, they are free to provide more benefits and rights to their employees.

In the Ontario ESA, employers will find the minimum employment standards for:

Hours of work
Minimum wage
Maternity and parental leave
Leaves of absence
Statutory holidays
Vacation time and pay
Termination and severance of employment
Temporary layoffs
Complaints and enforcement
Offences and prosecution, and more

Rules on Work Hours and Breaks in Ontario

What is the 3-hour rule in Ontario?

If an employee is required by the employer to come into work for less than three hours, the employer must pay the employee for 3 hours at minimum. But this rule only applies if the employee regularly works more than three hours every day and is available on that day, too, to work more than 3 hours.

Are 15-minute breaks required by law in Ontario?

Under the Ontario ESA, an employee must get a 30-minute meal break in a five-hour shift. But if both parties agree, the 30-minute break can also be divided into two 15-minute breaks away from work within that five-hour shift.

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Understanding the ESA is critical in developing compliant contracts of employment and employee handbooks. All workers covered by the ESA must receive a copy of the Ministry of Labour’s ESA Poster, which sets out their rights under the legislation.

Do you have questions about staying compliant with the Ontario ESA?

The Ontario ESA may be difficult to understand, but your business must know its regulations as well as your rights and obligations as an employer. We can help you with this.

Employer Advice experts can answer any questions employers may have related to Ontario ESA, employment rights, and HR matters.

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