- Am I an employee covered by the ESA?
- What if my boss says the ESA doesn't apply to me because of my job description?
- Can I see the ESA?
|Am I an employee covered by the ESA?
An employee includes:
- a person, including an officer of a corporation, who performs work for an employer for wages
- a person who supplies services to an employer for wages
- subject to some exceptions, a person who receives training from a person who is an employer
- a person who is a homeworker (unless he or she is an independent contractor).
You may have been given a title that suggests you are not an employee, but a title does not necessarily determine whether the ESA applies; despite such a title you may still be an employee under the ESA.
|What if my boss says the ESA doesn't apply to me because of my job description?
Some jobs and industries are exempted from the ESA or some parts of the ESA (check out Is my job covered by the ESA? if you haven't already).
If you still feel that you are an employee and should be covered under the ESA, first talk to your employer. Here are some tips.
If you think that your employer is not following the ESA check out:
What if I think my employer is not following the ESA?
Under the ESA, you can't be penalized in any way for such things as:
- asking your employer to comply with the ESA
- asking questions about the ESA
- filing a complaint under the ESA
- exercising or trying to exercise a right under the ESA.
- providing information to an employment standards officer or participating in proceedings under the ESA.
|Can I see the ESA?
Employment Standards Act, 2000