Protecting Employees

• ISBN: 1-4249-1295-4
• Issued: April 2008
• Content last reviewed: June 2009
• PDF Version [ 48 Kb / 3 pages | Download Adobe Reader ]

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This information is provided as a public service. Although we endeavour to ensure that the information is as current and accurate as possible, errors do occasionally occur. Therefore, we cannot guarantee the accuracy of the information. Readers should, where possible, verify the information before acting on it.

The Employment Standards Act, 2000, known as the ESA, is a law that sets minimum standards for workplaces in Ontario.

If you are protected by the ESA, your employer cannot:

• Intimidate you
• Fire you
• Suspend you
• Reduce your pay
• Punish you in any way, or
• Threaten any of these actions,

because you asked about or asked for your ESA rights.

My employer says I am not covered under the ESA. Is this true?

If you work in Ontario, you are probably protected by the ESA. The ESA does not cover federal employees and a few employees in other special categories. There are exceptions and special rules for some workers under the law.

Contact the Ministry of Labour to find out how you are protected by the ESA.

What are my rights?

There are many rights covered by the ESA, including:

• hours of work
• minimum wage
• overtime pay
• payment of wages
• public holidays and vacation
• personal emergency leave
• family medical leave
• pregnancy or parental leave
• notice of termination.

For more information about your rights under the ESA, contact the Ministry of Labour.

I was punished for asking for my rights. What can I do?

If you think your employer punished you for asking about or asking for your ESA rights, contact the Ministry of Labour as soon as possible.

Ministry staff can help you understand your rights, answer your questions and investigate your complaint. Your employer cannot punish you for talking to the Ministry of Labour about your rights.

NOTE: Unionized employees should talk to their union representative before contacting the Ministry of Labour if they think their rights have been violated.

What will I need?

Before contacting the Ministry of Labour, try to collect any information related to your job and employer, such as pay stubs, that may help explain your problem.

How can the Ministry of Labour help?

If your employer punished you for asking about or asking for your rights, an Employment Standards Officer can order your employer to compensate you or give you your job back. The officer can also order your employer to pay you any wages you are owed.

The Ministry of Labour can also charge your employer with an offence, including a ticket. If convicted, your employer may be fined or sent to jail.

Should I file a claim?

Contact the Employment Standards Information Centre. After speaking with us, you may decide to file a claim.

A claim is a written explanation of your complaint, which also has important information about you, your job and your employer.

Claim forms are available at ServiceOntario Centres and on the Ministry of Labour website.

Filing a claim is free.