Employment Standards Act (Ontario)

The Employment Standards Act, 2000 (the Act) is an Act of the Legislative Assembly of Ontario. The Act regulates employment in the province of Ontario, including wages, maximum work hours, overtime, vacation, and leaves of absence. It differs from the Labour Relations Act, 1995, which regulates unionized labour in Ontario.

The Act sets out the minimum standards that employers and employees must follow in regards to:

The Act defines "employee" as including:

and includes a person who was an employee.

There is a prohibition on any employer treating an employee as if the person is not an employee under the Act.

The Ministry of Labour administers the Act and its regulations by:

The Ministry of Labour offers publications and services to help employees and employers understand their rights and comply with their obligations. These include an employment standards poster, which employers are required to post in their workplaces; a catalogue of fact sheets and information sheets covering a variety of topics; and interactive online tools and calculators to assist employers and employees to understand provisions of the Act, such as the Termination Tool, the Public Holiday Pay Calculator and the Severance Tool.

Employment standards officers conduct proactive inspections of payroll and other records, including a review of employment practices. An officer performing a proactive inspection will usually visit the employer's business location. Officers may notify the employer in writing before the inspection but are not required to. A notice may set out a list of records and other documents the employer must provide during the inspection. The employer is required to produce the records requested and must answer questions that the officer thinks may be relevant. An officer is able to take away records or other information for review and copying.