Employment Law – Chapter 6 – Employment Standards Act – Labour
Law – study material
INTRODUCTION - correct answer ✔✔The Employment Standards Act ESA sets out the minimum
terms and conditions of a variety of aspects of employment, including:
- Hours of work,
- Overtime premium pay,
- Pregnancy and parental leave.
INTRODUCTION (continued):
The ESA provides relief through the ministry of Labour's complaints process. - correct answer
✔✔In most cases, an employer must not fail to meet these requirements even with the
agreement of an employee, but they may agree on terms and conditions that exceed the
requirements.
The ESA's rationale is that many Employees lack bargaining power to negotiate acceptable work
conditions.
GENERAL REQUIREMENTS:
Most employers and employees in Ontario are covered,
Not all employees are subject to every provision within Employment Standards Act, 2000 ESA,
- Government, Crown, employees are exempt from most sections. - correct answer ✔✔The ESA
mandates all employers to keep accurate records about employees, including copies of
employment agreements.
Employers must conspicuously display a poster made by the Ministry of Labour outlining
information about the ESA.
WAGES:
Employers must establish a regular pay period and payday, and all wages earned during that
period or the period before must be paid then. - correct answer ✔✔The ESA prohibits
, employers from deducting or holding wages unless authorized to do so by the employee or
obliged to do so by statute or court order,
WAGES (continued) - correct answer ✔✔- however, employers may recover genuine wage
advances or unintentional overpayments.
Employers must provide written wage statements on or before each employee's payday.
AGREEMENTS TO VARY:
Employers and employees may agree to vary form the legislated minimum standards in four
ways:
1. To exceed the daily and weekly maximum hours of work, - correct answer ✔✔2. To average
hours of work for overtime pay purposes,
3. To compensate overtime hours with time off in lieu of overtime pay,
4. To take vacation time in increments of less than one week.
AGREEMENTS TO VARY: (continued): - correct answer ✔✔Agreements to vary must be in
writing, unless otherwise specified in the legislation.
Employee consent to an agreement to vary must be informed and voluntary.
MINIMUM EMPLOYMENT STANDARDS:
MINIMUM WAGE - correct answer ✔✔Minimum wage requirements in the ESA provide for the
lowest wage that an employer can pay an employee,
While most employees are covered by the minimum wage requirements, certain employees,
such as camp counsellors, are exempt.
MINIMUM EMPLOYEMENT STANDARDS:
STATUTORY LEAVES OF ABSENCE: - correct answer ✔✔The ESA provides for ten 10 statutory
leaves of absence, including pregnancy, family caregiver, and organ donor leave,
Law – study material
INTRODUCTION - correct answer ✔✔The Employment Standards Act ESA sets out the minimum
terms and conditions of a variety of aspects of employment, including:
- Hours of work,
- Overtime premium pay,
- Pregnancy and parental leave.
INTRODUCTION (continued):
The ESA provides relief through the ministry of Labour's complaints process. - correct answer
✔✔In most cases, an employer must not fail to meet these requirements even with the
agreement of an employee, but they may agree on terms and conditions that exceed the
requirements.
The ESA's rationale is that many Employees lack bargaining power to negotiate acceptable work
conditions.
GENERAL REQUIREMENTS:
Most employers and employees in Ontario are covered,
Not all employees are subject to every provision within Employment Standards Act, 2000 ESA,
- Government, Crown, employees are exempt from most sections. - correct answer ✔✔The ESA
mandates all employers to keep accurate records about employees, including copies of
employment agreements.
Employers must conspicuously display a poster made by the Ministry of Labour outlining
information about the ESA.
WAGES:
Employers must establish a regular pay period and payday, and all wages earned during that
period or the period before must be paid then. - correct answer ✔✔The ESA prohibits
, employers from deducting or holding wages unless authorized to do so by the employee or
obliged to do so by statute or court order,
WAGES (continued) - correct answer ✔✔- however, employers may recover genuine wage
advances or unintentional overpayments.
Employers must provide written wage statements on or before each employee's payday.
AGREEMENTS TO VARY:
Employers and employees may agree to vary form the legislated minimum standards in four
ways:
1. To exceed the daily and weekly maximum hours of work, - correct answer ✔✔2. To average
hours of work for overtime pay purposes,
3. To compensate overtime hours with time off in lieu of overtime pay,
4. To take vacation time in increments of less than one week.
AGREEMENTS TO VARY: (continued): - correct answer ✔✔Agreements to vary must be in
writing, unless otherwise specified in the legislation.
Employee consent to an agreement to vary must be informed and voluntary.
MINIMUM EMPLOYMENT STANDARDS:
MINIMUM WAGE - correct answer ✔✔Minimum wage requirements in the ESA provide for the
lowest wage that an employer can pay an employee,
While most employees are covered by the minimum wage requirements, certain employees,
such as camp counsellors, are exempt.
MINIMUM EMPLOYEMENT STANDARDS:
STATUTORY LEAVES OF ABSENCE: - correct answer ✔✔The ESA provides for ten 10 statutory
leaves of absence, including pregnancy, family caregiver, and organ donor leave,
