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Under the Employment Standards Act, 2000 (ESA), employers can need a staff member to supply proof sensible in the situations that they are entitled to ill leave under the ESA.

Effective October 28, 2024, companies can not need workers to offer a certificate from a certified health practitioner (a medical note). A “qualified health specialist” is a person who is certified to practise as a doctor, signed up nurse or psychologist under the laws of the jurisdiction in which care or treatment is supplied to the staff member.

ESA optimum fines

A prosecution may be begun under Part III of the Provincial Offences Act where an individual is believed to have committed an offence under the ESA. If founded guilty, a person could be based on a fine or a term of imprisonment or both.

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

Definition of employee

The Employment Standards Act (ESA) specifies a worker to include an individual who:

– performs work for an employer for salaries

– products services to an employer for wages

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

– is a homeworker

– was an employee

On March 21, 2024, the significance of “training” was expanded to include work performed during a trial period. A staff member now includes an individual who performs work throughout a trial period for a company, if the skills being evaluated throughout the trial period are skills utilized by the company’s staff members or might be utilized by staff members if there are no other staff members. This implies the hours worked throughout the trial duration need to be counted as work time. Find out more about what counts as work time.

Deductions from wages

The ESA prohibits companies from making reductions from incomes when the company had a money lack, lost property or had actually home stolen and a person aside from the staff member had access to the cash or home.

On March 21, 2024, the ESA was changed to verify that this includes deductions from in “dine and dash”, “gas and dash” and other comparable scenarios.

Payment of wages – direct deposit

The ESA requires employers to pay incomes by cash, cheque or direct deposit. If the incomes are paid by direct deposit, the account needs to be in the staff member’s name and nobody other than the staff member can have access to the account, unless the staff member has actually authorized it.

Effective June 21, 2024, an additional requirement will remain in place if the company desires to pay salaries by direct deposit: the account should be chosen by the employee. This indicates the employee must decide which account to use and the company can not limit a staff member’s section by, for example, requiring the worker to use an account at a specific financial institution.

For payments that are to be made after June 20, 2024, a worker deserves to pick the account where their salaries are to be transferred. If an employer previously limited an employee’s account selection – for instance, by needing them to utilize an account at a specific financial institution – it is the employer’s obligation to confirm the staff member’s choice of their preferred account before they make the next payment after June 20, 2024. A worker can likewise inform their employer that they want their wages transferred to a various account and, when that occurs, the employer should make the modification.

Vacation pay agreements

The ESA enables an employer to pay vacation pay to an employee on every pay cheque as it builds up or at any agreed-upon time, but just with the arrangement of the worker. Learn more about when to pay trip pay.

Effective June 21, 2024, the ESA is changed to clarify that the employee must make an agreement with the company in order for the employer to be able to pay trip 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 writing (including electronically), consistent with how the ministry enforces the ESA.

Tips or other gratuities – techniques of payment

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

– cash

– cheque

– direct deposit

If payment is by cash or cheque, the employee needs to be paid the pointers or other gratuities at the work environment or at some other place consented to electronically or in writing by the staff member.

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

The requirement that the worker choose the account means the employee needs to decide which account to utilize, and the employer can not restrict an employee’s choice by, for instance, requiring the staff member to use an account at a specific financial institution.

For payments that are to be made after June 20, 2024, a staff member can choose the account where their suggestions are to be deposited. If an employer formerly limited a worker’s account choice – for example, by needing them to use an account at a specific banks – it is the employer’s obligation to validate the employee’s choice of their wanted account before they make the next payment after June 20, 2024. A worker can likewise notify their employer that they desire their tips deposited to a different account and, when that takes place, the employer must make the change.

Tips sharing policy

The ESA allows employers, as well as directors and investors of an employer, to share in suggestions, if specified requirements are satisfied.

Effective June 21, 2024, where a company has a policy about the employer, director or investor of the company, sharing in a suggestion pool, the employer will be needed to publish a copy of that policy in a clearly visible location in the work environment where it is most likely to come to the attention of employees.

The requirement to publish a policy does not require an employer to develop a policy. It applies if an employer has a written policy in place or if an employer has an established practice of sharing in a tip swimming pool that is regularly 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 must put the policy in composing and publish a copy of the policy.

The ESA does not specify the info that needs to appear in the policy, as long as the posted document is a true copy of the policy that remains in location and plainly states that the company or a director or investor of the company shares in the idea swimming pool.

Effective, June 21, 2024, companies will also be required to keep a copy of every pointers sharing policy that is required to be published for 3 years after the policy stops being in impact.

Job posting requirements

On a date to be set by pronouncement of the Lieutenant Governor, changes will come into force that establish brand-new requirements for companies connected to publicly advertised task posts.

Temporary assistance firm and recruiter licensing

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

– Temporary aid companies are required to hold a licence to operate.Clients are restricted from purposefully engaging or using the services of a short-term assistance firm unless the company holds a licence. (Find out more about the relationship between temporary help firms and customers.).

– Employers, prospective employers and other recruiters are forbidden from intentionally engaging or utilizing the services of any recruiter that does not hold a licence.

Where applications are made before July 1, 2024 and referall.us a decision is pending, there is a transitional guideline that will apply.

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

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

– exempting certain employers from the security requirement under defined conditions,.

– changing the application fee and security requirements for entities applying both for a momentary help agency and an employer licence.

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