10 May Purpose of the ESA (Employment Standards Act, 2000)
What is the ESA?
The ESA stands for the Employment Standards Act, 2000 which specifies the minimum requirements for the majority of employees who work in Ontario. These “minimum requirements” are known as employment standards and are the rights and responsibilities of employees and employers in Ontario. The purpose of the ESA is to protect employees from receiving less than the minimum that is required. It is important to note that it is within the employer’s power to provide the employee with more than the minimum the ESA outlines.
Topics covered in the ESA include things like, overtime pay, minimum wage, sick leave, hours of work, etc.
Who is not covered under the ESA?
Examples of persons not covered under the ESA are:
- Sectors that are part of the federal jurisdiction, for example, airlines;
- Anyone who is working with a work experience program that is registered under the Private Career Colleges Act, 2005;
- Anyone involved in community participation registered with the Ontario Works Act 1997;
- Police officers (not including Lie Detectors which is represented in the ESA);
- Inmates who work within a program or due to a sentencing decision.
The full list of who is not eligible can be found in the ESA if you believe it pertains to you.
Who operates the ESA?
The Ontario Ministry of Labour, Training and Skills Development (commonly referred to as “Ministry of Labour) controls the ESA. The Ministry of Labour is a branch of government that verifies whether workplaces are adhering to the ESA, attend to complaints and carry out investigations, as well as prosecute employers who have violated an employee’s rights that are protected under the ESA.
If you have any further questions about the ESA or believe your employer has breached any rights protected under the ESA, please contact KCY at LAW by filling in an online consultation request or contact us by phone at 905-639-0999 to book your consultation today.