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Under the Employment Standards Act, 2000 (ESA), employers can require a worker to supply proof sensible in the scenarios that they are entitled to authorized leave under the ESA.

Effective October 28, employment 2024, companies can not require employees to supply a certificate from a certified health practitioner (a medical note). A “certified health practitioner” is an individual who is qualified to practice 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 might be started under Part III of the Provincial Offences Act where a person 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 jail time or both.

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

Definition of staff member

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

– performs work for an employer for earnings

– products services to an employer for wages

– receives training from a company, if the ability they’re being trained on is a skill used by the employer’s employees

– is a homeworker

– was a staff member

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

Deductions from incomes

The ESA forbids employers from making deductions from earnings when the employer had a money lack, lost home or had actually property stolen and a person other than the worker had access to the money or property.

On March 21, 2024, the ESA was modified to confirm that this consists of reductions from incomes in “dine and dash”, “gas and dash” and other similar scenarios.

Payment of earnings – direct deposit

The ESA needs companies to pay salaries by money, cheque or direct deposit. If the wages are paid by direct deposit, employment the account needs to remain in the staff member’s name and nobody besides the staff member can have access to the account, unless the staff member has authorized it.

Effective June 21, 2024, an extra requirement will be in place if the employer wants to pay wages by direct deposit: the account should be selected by the employee. This suggests the worker should decide which account to utilize and the can not restrict a worker’s area by, for example, needing the worker to use an account at a specific financial institution.

For payments that are to be made after June 20, 2024, a worker can choose the account where their wages are to be transferred. If a company previously limited a staff member’s account selection – for instance, by requiring them to utilize an account at a specific banks – it is the company’s responsibility to verify the worker’s choice of their wanted account before they make the next payment after June 20, 2024. A staff member can likewise notify their company that they want their incomes deposited to a various account and, when that happens, the employer needs to make the modification.

Vacation pay arrangements

The ESA enables an employer to pay holiday pay to an employee on every pay cheque as it accumulates or at any agreed-upon time, but just with the contract of the employee. Discover more about when to pay trip pay.

Effective June 21, 2024, employment the ESA is modified to clarify that the staff member needs to make an agreement with the employer in order for the company to be able to pay trip pay on every pay cheque or at an agreed-upon time. This verifies that such arrangements can not be verbal and must be made in writing (consisting of electronically), consistent with how the ministry enforces the ESA.

Tips or other gratuities – approaches of payment

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

– money

– cheque

– direct deposit

If payment is by money or cheque, the employee should be paid the suggestions or other gratuities at the office or at some other place agreed to electronically or employment in composing by the employee.

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

The requirement that the employee pick the account indicates the worker must decide which account to utilize, and the employer can not limit an employee’s selection by, for example, needing the worker to utilize an account at a specific banks.

For payments that are to be made after June 20, 2024, a staff member can select the account where their ideas are to be transferred. If an employer previously limited a staff member’s account selection – for example, by needing them to use an account at a particular financial organization – it is the company’s responsibility to validate the employee’s choice of their wanted account before they make the next payment after June 20, 2024. A worker can likewise inform their employer that they want their ideas deposited to a various account and, when that happens, the employer needs to make the modification.

Tips sharing policy

The ESA enables companies, along with directors and shareholders of an employer, to share in tips, if specified requirements are met.

Effective June 21, 2024, where an employer has a policy about the employer, director or shareholder of the company, sharing in a tip swimming pool, the employer will be required to publish a copy of that policy in a clearly visible location in the workplace where it is most likely to come to the attention of staff members.

The requirement to publish a policy does not need a company to establish a policy. It applies if a company has a written policy in location or if a company has a recognized practice of sharing in a suggestion swimming pool that is consistently used (even if it’s not composed down). If the company has an unwritten but recognized, consistently-applied practice in location, the employer must put the policy in writing and post a copy of the policy.

The ESA does not specify the info that should appear in the policy, as long as the posted file is a true copy of the policy that remains in place and plainly specifies that the employer or a director or investor of the employer shares in the idea swimming pool.

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

Job posting requirements

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

Temporary help firm and employer licensing

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

– Temporary aid companies are needed to hold a licence to operate.Clients are forbidden from purposefully engaging or utilizing the services of a short-term aid agency unless the agency holds a licence. (Learn more about the relationship in between short-lived aid agencies and employment clients.).

– Employers, potential employers and other employers are prohibited from intentionally engaging or using the services of any employer that does not hold a licence.

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

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

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

– exempting specific recruiters from the security requirement under specified conditions,.

– altering the application fee and security requirements for entities applying both for a momentary aid firm and a recruiter licence.

The ministry’s licensing website has actually been updated to show these modifications. Please go to that website for information.