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.
Some employers say that their workers are self-employed and the ESA does not apply to them. If this is your situation, it is 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 are an independent contractor, or
- you are in business for yourself.
See Where can I get help and information? for where to get legal help.
Some industries are covered by the Canada Labour Code. This includes banks, airlines, some trucking businesses, and broadcasting. Like the ESA, the Canada Labour Code sets out rules that employers must follow.
For more information, contact the Government of Canada’s Labour Program, Ontario Region at 1-800-641-4049.
Other examples where the ESA does not apply include:
- students in work experience programs that a school board, college, or university approved,
- people on social assistance doing community participation through Ontario Works,
- people in jail who are in work programs, and
- people ordered or sentenced by a court to work.
You do not have to be a Canadian citizen or permanent resident, or have a work permit to be covered by the ESA.
If you are not sure if you are covered by the ESA, see Where can I get help and information? for where to get legal help and information.
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