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Ontario Employment Standards Act & Relocating to Work in Another Jurisdiction

The Scope of the Ontario  Employment Standards Act, 2000 The application of the ESA is described under Subsection 3(1). Subsection 3(1)(a) states that the ESA applies to an employee whose “work is to be performed in Ontario.” According to the  Employment Standards Act Policy and Interpretation Manual, “the fact that some work is performed in Ontario may be insufficient to bring the employee in under the jurisdiction of [Ontario’s ESA]. For example, if the employee’s work in Ontario is merely a continuation of the work performed in another jurisdiction, then the laws of the other jurisdiction may apply rather than [Ontario’s ESA].”

Does the Ontario Employment Standards Act, 2000 Apply? The Implications of Employees Relocating to Work Remotely in Another Jurisdiction | Ogletree, Deakins, Nash, Smoak & Stewart, P C

The Scope of the Ontario Employment Standards Act, 2000 The application of the ESA is described under Subsection 3(1). Subsection 3(1)(a) states that the ESA applies to an employee whose “work is to be performed in Ontario.” According to the Employment Standards Act Policy and Interpretation Manual, “the fact that some work is performed in Ontario may be insufficient to bring the employee in under the jurisdiction of [Ontario’s ESA]. For example, if the employee’s work in Ontario is merely a continuation of the work performed in another jurisdiction, then the laws of the other jurisdiction may apply rather than [Ontario’s ESA].”

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