What if my employer does not follow the ESA?

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What if my employer does not follow the ESA?

The Ministry of Labour encourages employees and employers to try to resolve disputes before seeking assistance from the Ministry. (See My Boss and I).

Employees can't be disciplined or penalized in any way because they:

Ask their employer to comply with the ESA and regulations
Ask questions about their rights under the ESA;
File a complaint under the ESA;
Exercise or try to exercise a right under the ESA;
Give information to an employment standards officer;
Are, or will become eligible to take, intend to take or take pregnancy, parental or emergency leave;
Testify, participate or are going to participate in a proceeding under the ESA; or
Take part in a proceeding under section 4 of the Retail Business Holidays Act.

Employees also can't be penalized if their employer is or may be required (because of a court order or garnishment) to pay money it owes the employee to a third party. For more information, see Reprisals.

If you think your employer is not following the Employment Standards Act 2000 (ESA) you can call the Employment Standards Information Centre at 416-326-7160 or toll free at 1-800-531-5551 for more information about the ESA and how to file a complaint. Complaints are investigated by an employment standards officer who can, if necessary, make orders against an employer - including an order to comply with the ESA. The ministry has a number of other options to enforce the ESA, including requesting voluntary compliance, issuing an order to pay wages, an order to reinstate and/or compensate, a notice of contravention, or issuing a ticket or otherwise prosecuting an employer under the Provincial Offences Act.

Contact:

Ontario Ministry of Labour
Employment Standards Inquiries
416/326-7160 (Greater Toronto Area) or 1-800-531-5551
E-mail: webes@mol.gov.on.ca

This information is provided as a public service by the Government of Ontario. Every reasonable effort has been made to ensure the currency and accuracy of the information presented on the site, but readers should verify information before acting on it.

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