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JOBS COVERED BY ESA
What jobs are
covered by the ESA, but with exceptions?
Certain
industries and employees are covered by the ESA, but exempt from (i.e., not
covered by) some sections. Or they are covered by the ESA, but subject to
special rules.
The chart in this
Fact Sheet lists industry/job categories where there are exceptions to the
ESA’s usual rules. It also cross-references 10 key minimum standards of the
ESA, and whether those minimum standards (or any special rules) apply to each
industry/job category. They are:
- Minimum wage
- Hours of work
- Daily rest
periods
-
Weekly/bi-weekly rest periods
- Eating periods
- Overtime pay
- Paid public
holidays
- Vacation with
pay
- Pregnancy,
Parental, Family Medical and Emergency leave
- Termination
notice/pay, severance pay.
If you need
more details than the chart provides, refer to the written sources and
contacts listed in Need
More Information? at the end of this Fact Sheet.
Here is an
example that shows how to use the chart and other sources to get the
information you need about industry-specific and job-specific exemptions, and
special rules.
A typical
case:
Jane works in a
hospital. She wants to find out which of the 10 key minimum standards of the
ESA apply to her.
- Jane
begins by looking under "hospital employees" in the left-hand "job
categories" column of the chart. [Chart
Index: hospital employees]
- Then, Jane
checks the right-hand "minimum standards " column. It tells her that
hospital employees are covered by all 10 of the key minimum standards of
the ESA covered by the chart. But it also says that the rules for paid
public holidays are different for employees in her category.
- Jane
wants to know more about when she might be required to work on a public
holiday. So she refers to
Need More Information?
at the end of this Fact Sheet and decides to get the "Public
Holidays" Fact Sheet from the Ministry of
Labour website. It explains that hospital employees can be required to
work on a public holiday--when the holiday falls on a day that is
ordinarily a working day for them, and they are not on vacation.
Specifically,
what are the industries and jobs that are exempt from sections of the ESA—or
have special rules?
The following
chart provides an overview of:
- industries and
jobs that are exempt from (i.e., not covered by) minimum standards of the
ESA, and/or have special rules, and
- whether any of
the 10 key minimum standards of the ESA and/or special rules apply to each
of the industry/job categories.
Industries and
Jobs with ESA Exemptions and/or Special Rules
|
Job Categories
C = Covered
NC = Not Covered
SRA = Special Rules
Apply |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
|
|
|
Ambulance drivers, ambulance drivers' helpers and first aid attendants on
an ambulance |
C |
C |
C |
C |
C |
NC |
C |
C |
C |
C |
|
Construction employees (on-site and related off-site)
Overtime pay
1˝ × regular rate for each hour in a work week in excess of:
Road building: streets, highways and parking lots (on-site) excluding
on-site road maintenance
--55 hours, with limited averaging over two successive work weeks.
Road building: bridges, tunnels, retaining walls in connection with
streets or highways (on-site employees)
--50 hours with limited averaging over two successive work weeks.
Sewers, watermains and incidental work, including guarding the site:
--50 hours.
Public
Holidays Exempted if receiving at least 7.3 per cent of wages for vacation
pay or holiday pay |
C |
NC |
NC |
NC |
C |
SRA |
SRA |
C |
C |
NC |
|
Construction employees: Road maintenance (on-site)
Overtime Pay:
55 hours, with limited averaging over two successive weeks
Public
Holidays: Exempted if receiving at least 7.3 per cent of wages for
vacation pay or holiday pay
Termination
notice/pay and severance pay:Entitled to notice of termination. Exempted
from severance pay. |
C |
NC |
NC |
NC |
C |
SRA |
SRA |
C |
C |
SRA |
|
Continuous operation employees (e.g. oil refineries, steel works,
breweries)
Public
Holidays: In some cases, may be required to work on a public holiday--see
the
Public Holidays Fact Sheet.
|
C |
C |
C |
C |
C |
C |
SRA |
C |
C |
C |
|
Crown employees |
NC |
NC |
NC |
NC |
NC |
NC |
NC |
NC |
C |
C |
|
Domestic workers employed by a householder. Provides services in
the household or care, supervision or personal assistance to children,
senior or disabled members of the household. Does not include a
sitter who provides care, supervision or personal assistance to children
on an occasional, short-term basis.
Minimum
Wage: No deductions for non-private room. For a list of permitted
deductions--see the
Minimum Wage Fact Sheet.
(Also see
Homemakers) |
SRA |
C |
C |
C |
C |
C |
C |
C |
C |
C |
|
Drivers and drivers' helpers on a 'for hire'delivery vehicle for
local cartage
Overtime pay:
1˝ × regular rate for each hour in excess of 50 in a work week.
|
C |
C |
C |
C |
C |
SRA |
C |
C |
C |
C |
|
Drivers of highway transport trucks ('for hire') operated by
holders of Truck Transportation Act operating licenses
Overtime pay:
1˝ ×regular rate for each hour in excess of 60 in a work week; based only
on hours driver is directly responsible for truck. |
C |
C |
C |
C |
C |
SRA |
C |
C |
C |
C |
|
Elect to work employees may choose to work when requested and may
refuse work without penalty.
Public
Holidays: General standard does not apply, but entitled to 1˝ × regular
rate for hours worked on the holiday. |
C |
C |
C |
C |
C |
C |
SRA |
C |
C |
NC |
|
Embalmers and Funeral Directors |
C |
NC |
NC |
NC |
C |
C |
C |
C |
C |
C |
Farm employees who are directly employed in primary
production of eggs, milk, grain, seeds, fruit, vegetables, maple products,
honey, tobacco, herbs, pigs, cattle, sheep, goats, poultry, deer, elk,
ratites, bison, rabbits, game birds, wild boar and cultured fish.
(Also see: Harvester,
'Near Farming',
Landscape gardeners) |
NC |
NC |
NC |
NC |
NC |
NC |
NC |
NC |
C |
C |
'Near farming'. Workers directly employed in
mushroom growing; growing of flowers, trees and shrubs for the retail and
wholesale trade; growing, transporting and laying of sod; breeding and
boarding of horses on a farm; or the keeping of fur-bearing mammals under
the Fish and Wildlife Conservation Act, 1997 for propagation or
commercial production of pelts.
(Also see: Farm employees,
Harvesters,
Landscape gardeners) |
C |
NC |
NC |
NC |
NC |
NC |
NC |
C |
C |
C |
|
Firefighters |
C |
NC |
NC |
NC |
C |
NC |
NC |
C |
C |
C |
|
Fishers (commercial) |
NC |
NC |
NC |
NC |
NC |
NC |
NC |
NC |
C |
C |
|
Fresh
fruit, vegetable canning, processing and packing or distribution:
seasonal employees (with the employer not more than 16 weeks in a calendar
year).
Overtime pay:
1˝ × regular rate for hours in excess of 50 in a work week. |
C |
C |
C |
C |
C |
SRA |
C |
C |
C |
C |
Harvesters of fruit, vegetables and tobacco
(Also see: Farm employees,
'Near Farming',
Landscape gardeners)
Minimum
Wage: Special rules for piece work rates and deemed payment of wages for
providing room and board - see the
Minimum Wage Fact
Sheet.
Paid
Public Holidays: Standard applies after 13 weeks or more with an employer.
In some cases, may be required to work on a public holiday - see the
Public Holidays Fact Sheet
(Continuous Operations).
Vacation with
Pay: Standard applies after 13 weeks or more with an employer.
|
SRA |
NC |
NC |
NC |
NC |
NC |
SRA |
SRA |
C |
C |
|
Homemakers employed by a third party, such as an agency, to perform
domestic services for a householder and/or family in their private
residence.
Minimum Wage:
Employer not required to pay more than 12 hours/day at (at least) minimum
wage. |
SRA |
NC |
NC |
NC |
NC |
NC |
C |
C |
C |
C |
|
Homeworkers (employees who do work such as: word processing,
telephone soliciting, online research, sewing, manufacturing, or preparing
food for resale in their own home for an employer)
Minimum
Wage: 110 per cent of general minimum wage. See the
Minimum Wage Fact
Sheet. |
SRA |
C |
C |
C |
C |
C |
C |
C |
C |
C |
|
Hospital employees
Public
Holidays: In some cases, may be required to work on a public holiday--see
the
Public Holidays Fact Sheet.
(See also: Elect to work)
|
C |
C |
C |
C |
C |
C |
SRA |
C |
C |
C |
|
Hotel, motel, tourist resort, restaurant or tavern employees
Public
Holidays: In some cases, may be required to work on a public holiday--see
the
Public Holidays Fact Sheet.
|
C |
C |
C |
C |
C |
C |
SRA |
C |
C |
C |
|
Hotel, motel, tourist resort, restaurant or tavern employees
who are provided with room and board and who work more than 16 and not
more than 24 weeks per year
Overtime pay:
1˝ × regular rate for each hour in excess of 50 in a work week
Public
Holidays: In some cases, may be required to work on a public holiday--see
the
Public Holidays Fact Sheet.
|
C |
C |
C |
C |
C |
SRA |
SRA |
C |
C |
C |
|
Hotel, motel, tourist resort, restaurant or tavern employees
who are provided with room and board and who work 16 weeks or less per
year
Overtime pay:
1˝ × regular rate for each hour in excess of 50 in a work week
|
C |
C |
C |
C |
C |
SRA |
NC |
C |
C |
C |
|
Hunting and fishing guides
Minimum
Wage:Rates for less than five consecutive hours/day and for five or more
hours/day. See the
Minimum Wage Fact
Sheet. |
SRA |
NC |
NC |
NC |
C |
NC |
NC |
C |
C |
C |
|
Information technology professionals who use specialized knowledge
and professional judgement to work with information systems based on
computers and related technologies. |
C |
NC |
NC |
NC |
NC |
NC |
C |
C |
C |
C |
|
Landscape gardeners |
C |
NC |
C |
C |
C |
NC |
NC |
C |
C |
C |
|
Liquor servers
Minimum
Wage: (special rate liquor servers rate), does not include tips and
gratuities. See the
Minimum Wage Fact
Sheet.
Public
Holidays and Overtime Pay: exemption and/or special rules may apply--see
Hotel, motel
etc. |
SRA |
C |
C |
C |
C |
SRA |
SRA |
C |
C |
C |
|
Maintenance employees working on site on buildings, structures,
sewers, pipelines, mains, tunnels or other works except roads.
Termination
Notice/Pay, Severance Pay: Exempted from severance pay. |
C |
C |
C |
C |
C |
C |
C |
C |
C |
SRA |
|
Managerial and supervisory employees |
C |
NC |
NC |
NC |
C |
NC |
C |
C |
C |
C |
|
Part-time employees unless employed in an exempted industry or
occupational group. |
C |
C |
C |
C |
C |
C |
C |
C |
C |
C |
|
Professionals
Employees who
are:
--qualified practictioners of architecture, law, professional engineering,
public accountanting, surveying, and veterinary science;
--registered practitioners of chiropody (including podiatry),
chiropractic, dentistry, massage therapy, medicine, optometry, pharmacy,
physiotherapy or psychology;
--registered practitioners under the Drugless Practitioners' Act
(e.g., naturopaths, osteopaths)
--teachers, as defined in the Teaching Profession Act; and
--students training for these professions.
Emergency Leave may not be taken where it would constitute an act of
professional misconduct or a dereliction of professional duty.
|
NC |
NC |
NC |
NC |
NC |
NC |
NC |
NC |
SRA |
C |
Professionals: registered practitioners under Schedule 1 of the
Regulated Health Professions Act, 1991, not listed in the previous
section
Audiologists, dental hygienists, dental technologists, denturists,
dieticians, medical laboratory technologists, medical radiation
technologists, midwives, nurses, occupational therapists, opticians,
respiratory therapists and speech language therapists.
Emergency Leave may not be taken where it would constitute an act of
professional misconduct or a dereliction of professional duty.
(See also: Hospitals)
|
C |
C |
C |
C |
C |
C |
C |
C |
SRA |
C |
|
Registered real estate salespersons working for a registered
broker. |
NC |
NC |
NC |
NC |
NC |
NC |
NC |
NC |
C |
C |
|
Residential care workers who care for or supervise children or
developmentally handicapped persons in a residence and live in the
residence when working.
Minimum Wage:
Hourly minimum wage entitlement to a maximum of 12 hours a day, unless
employee provides the employer with an accurate daily record of hours
worked, in which case the daily maximum is 15 hours.
Free time: 36
hours per work week, which are to be consecutive unless the employee
consents to another arrangement. If an employee consents to work during
free time, wages are calculated at 1˝ X the regular rate for time worked
or time in lieu may be added to one of next eight free time periods.
|
SRA |
NC |
NC |
SRA |
NC |
NC |
C |
C |
C |
C |
|
Salespersons--commission who
normally sell away from their employer's office or plant (except those who
sell on a route). |
NC |
NC |
NC |
NC |
NC |
NC |
NC |
NC |
C |
C |
|
Salespersons--commission in automobile
sector
Minimum Wage:
Maximum pay period of one month. Reconciliation periods for wages are:
--Jan. 1 - Mar. 31
--April 1 - June 30
--July 1 - Sept. 30
--Oct. 1 - Dec. 31 |
SRA |
C |
C |
C |
C |
C |
C |
C |
C |
C |
Students under 18 who:
1. Work 28 hours or less a week during the school term or
2. Work
during school holidays.
Minimum
Wage: (special student rate) See the
Minimum Wage Fact
Sheet. |
SRA |
C |
C |
C |
C |
C |
C |
C |
C |
C |
Students employed:
--to instruct or supervise children, or
--at a camp for children, or
--directly in a recreation program operated by a charitable organization
|
NC |
C |
C |
C |
C |
NC |
NC |
C |
C |
C |
|
Superintendents, janitors and caretakers of a residential building
who reside in the building. |
NC |
NC |
NC |
NC |
C |
NC |
NC |
C |
C |
C |
|
Swimming pools: Persons employed to install and maintain swimming
pools. |
C |
NC |
C |
C |
C |
NC |
NC |
C |
C |
C |
|
Taxicab drivers |
C |
C |
C |
C |
C |
NC |
NC |
C |
C |
C |
What if the
employer does not follow the ESA?
If an
employee thinks the employer is not complying with the ESA
, he or she can call or visit the nearest
Ministry of Labour office
to discuss a particular situation or 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 options to enforce the ESA,
including requesting voluntary compliance, issuing an order to pay wages, an
order to comply, an order to compensate, an order to reinstate and/or a notice
of contravention, or issuing a ticket or otherwise prosecuting the employer
under the Provincial Offences Act.
Employment
Standards Information Centre
416-326-7160 or 1-800-531-5551
Ministry of Labour
http://www.gov.on.ca/LAB/english/index.html
An Introduction to Hiring in Canada
Hiring in
Canada or Employment in Canada gives a vast description of Employment Legislation in Canada. It
covers Employment Standards Act and other General Employment Legislations
regarding jobs in Canada or employment in Canada.
Important issues like minimum wages, temporary layoff, termination of
employment, severance pay and vacation pay are covered under this section.
Hiring in
Canada or Employment in Canada provides sources for Employment Opportunities in Canada
available for general applicants as well as jobs in Canada for students.
Hiring in
Canada or Employment in Canada also gives reference to the Employment Agencies helping applicants
in finding jobs in Canada, both government
and private. The viewers can search for Employment Opportunities in Canada
through these agencies.
Self-created Jobs
is an other feature of Hiring in Canada or Employment in Canada. It is a good source of finding Jobs in Canada.
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