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Under the Employment Standards Act, 2000 (ESA), companies can need an employee to offer evidence sensible in the circumstances that they are entitled to ill leave under the ESA.

Effective October 28, 2024, employers can not require workers to provide a certificate from a certified health specialist (a medical note). A “competent health practitioner” is a person who is certified to practise as a physician, registered nurse or psychologist under the laws of the jurisdiction in which care or treatment is offered to the staff member.

ESA optimum fines

A prosecution may be started under Part III of the Provincial Offences Act where an individual is believed to have actually devoted an offense under the ESA. If founded guilty, an individual could be based on a fine or a regard to imprisonment or both.

Since October 28, 2024, the optimum fine for individuals convicted of contravening the ESA has increased to $100,000 (up from $50,000).

Definition of employee

The Employment Standards Act (ESA) specifies a worker to consist of a person who:

– carries out work for a company for salaries

– supplies services to a company for earnings

– receives training from a company, if the skill they’re being trained on is a skill utilized by the employer’s staff members

– is a homeworker

– was an employee

On March 21, 2024, the meaning of “training” was expanded to consist of work carried out during a trial period. A worker now consists of an individual who performs work during a trial period for a company, if the skills being evaluated throughout the trial period are abilities utilized by the company’s workers or might be used by workers if there are no other workers. This means the hours worked throughout the trial period must be counted as work time. Learn more about what counts as work time.

Deductions from earnings

The ESA restricts employers from making reductions from wages when the company had a cash shortage, lost home or had home stolen and a person aside from the staff member had access to the cash or residential or commercial property.

On March 21, 2024, the ESA was amended to validate that this includes deductions from incomes in “dine and dash”, “gas and dash” and other comparable situations.

Payment of wages – direct deposit

The ESA requires companies to pay incomes by money, cheque or direct deposit. If the wages are paid by direct deposit, the account must remain in the employee’s name and nobody other than the employee can have access to the account, unless the staff member has licensed it.

Effective June 21, 2024, referall.us an additional requirement will be in place if the company wants to pay wages by direct deposit: the account should be selected by the worker. This implies the employee needs to choose which account to use and the employer can not limit a worker’s section by, for instance, needing the staff member to utilize an account at a particular financial institution.

For payments that are to be made after June 20, 2024, an employee deserves to choose the account where their wages are to be deposited. If an employer formerly restricted a worker’s account selection – for instance, by needing them to utilize an account at a particular monetary organization – it is the employer’s responsibility to verify the employee’s selection of their wanted account before they make the next payment after June 20, 2024. A worker can also alert their company that they want their wages deposited to a various account and, when that takes place, the employer needs to make the change.

Vacation pay agreements

The ESA permits a company to pay getaway pay to an employee on every pay cheque as it builds up or at any agreed-upon time, but just with the contract of the staff member. Find out more about when to pay getaway pay.

Effective June 21, 2024, the ESA is changed to clarify that the worker needs to make an arrangement with the employer in order for the company to be able to pay getaway pay on every pay cheque or at an agreed-upon time. This validates that such arrangements can not be verbal and need to be made in composing (including digitally), constant with how the ministry enforces the ESA.

Tips or other gratuities – methods of payment

Beginning June 21, 2024, companies will be needed to pay suggestions or other gratuities by either:

– cash

– cheque

– direct deposit

If payment is by money or cheque, the staff member needs to be paid the suggestions or other gratuities at the work environment or at some other location accepted digitally or in writing by the employee.

If payment is made by direct deposit, the account needs to be selected by the employee and be in the staff member’s name. Nobody aside from the employee can have access to the account, unless the employee has authorized it.

The requirement that the worker select the account indicates the worker must choose which account to use, and the company can not restrict an employee’s choice by, for example, requiring the employee to use an account at a specific monetary institution.

For payments that are to be made after June 20, 2024, an employee can choose the account where their ideas are to be transferred. If a company previously limited a worker’s account choice – for instance, by needing them to utilize an account at a particular banks – it is the employer’s obligation to verify the staff member’s choice of their desired account before they make the next payment after June 20, 2024. A staff member can also inform their company that they want their pointers transferred to a various account and, when that happens, the employer needs to make the change.

Tips sharing policy

The ESA allows employers, in addition to directors and shareholders of a company, to share in ideas, if specified criteria are met.

Effective June 21, 2024, where a company has a policy about the company, director or shareholder of the employer, sharing in a tip pool, the company will be required to post a copy of that policy in a clearly noticeable location in the office where it is most likely to come to the attention of workers.

The requirement to post a policy does not need an employer to establish a policy. It uses if a company has a written policy in place or if an employer has an established practice of sharing in a tip swimming pool that is consistently applied (even if it’s not made a note of). If the employer has an unwritten however recognized, consistently-applied practice in location, the company should put the policy in writing and publish a copy of the policy.

The ESA does not define the info that should appear in the policy, as long as the posted document is a true copy of the policy that remains in place and clearly specifies that the company or a director or investor of the employer shares in the suggestion swimming pool.

Effective, June 21, 2024, employers will also be required to keep a copy of every tips sharing policy that is needed to be posted for 3 years after the policy stops being in result.

Job posting requirements

On a date to be set by proclamation of the Lieutenant Governor, changes will enter force that establish brand-new requirements for employers associated with publicly advertised task posts.

Temporary help agency and recruiter licensing

Beginning on July 1, 2024 under the Employment Standards Act, 2000 (ESA):

– Temporary help agencies are required to hold a licence to operate.Clients are prohibited from intentionally engaging or using the services of a short-term aid firm unless the firm holds a licence. (Find out more about the relationship in between short-lived assistance agencies and clients.).

– Employers, potential companies and other recruiters are prohibited from purposefully engaging or using the services of any recruiter that does not hold a licence.

Where are made before July 1, 2024 and a choice is pending, there is a transitional rule that will use.

On April 29, 2024, O. Reg. 99/23 – Licensing Temporary Help Agencies and Recruiters was changed. The modifications consist of:

– Adding a surety bond as a brand-new acceptable form of security for all applicants,.

– excusing certain recruiters from the security requirement under specified conditions,.

– altering the application fee and security requirements for entities using both for a momentary help company and a recruiter licence.

The ministry’s licensing webpage has actually been upgraded to reflect these changes. Please go to that webpage for details.