Does the ESA apply to all workers?

No. Not all jobs are covered by the ESA. And for some jobs, only parts of the ESA apply.

You do not have to be a Canadian citizen or permanent resident, or have a work permit to be covered by the ESA.

Independent contractors

Some employers say that their workers are self-employed and the ESA does not apply to them. If this is your situation, it’s a good idea to get legal advice.

The rights in the ESA might still apply to you, even if you signed something that says you’re:

• an independent contractor, or
• in business for yourself.

See Where can I get help and information?

Canada Labour Code

Some industries are covered by the Canada Labour Code, instead of the ESA. This includes banks, airlines, some trucking businesses, and broadcasting.

Like the ESA, the Canada Labour Code sets out rules that employers must follow. But the Canada Labour Code might have different rules than the ESA.

For more information, contact the Government of Canada’s Labour Program, Ontario Region at 1-800-641-4049.

Other times the ESA does not apply

Other examples where the ESA does not apply include:

• students in work experience programs that a school board, college, or university has approved,
• people on social assistance who are doing community participation through Ontario Works,
• people in jail who are in work programs, and
• people ordered or sentenced by a court to work.

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