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Under the Employment Standards Act, 2000 (ESA), employers can require a staff member to provide proof sensible in the circumstances that they are entitled to authorized leave under the ESA.

Effective October 28, employment 2024, companies can not require staff members to supply 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 provided to the employee.

ESA maximum fines

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

As of 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 worker

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

– performs work for an employer for wages

– supplies services to a company for earnings

– 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 a staff member

On March 21, 2024, the meaning of “training” was expanded to consist of work carried out during a trial period. A worker now includes an individual who carries out work throughout a trial duration for an employer, if the skills being assessed during the trial duration are skills utilized by the employer’s workers or employment could be utilized by staff members if there are no other workers. This suggests the hours worked throughout the trial duration should be counted as work time. Learn more about what counts as work time.

Deductions from earnings

The ESA prohibits employers from making deductions from wages when the employer had a cash shortage, lost home or had actually property taken 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 changed to validate that this consists of reductions from earnings in “dine and dash”, “gas and dash” and employment other comparable circumstances.

Payment of incomes – direct deposit

The ESA requires employers to pay earnings by cash, cheque or direct deposit. If the wages are paid by direct deposit, the account should remain in the employee’s name and nobody besides the worker can have access to the account, unless the staff member has licensed it.

Effective June 21, 2024, an extra requirement will remain in location if the company wishes to pay wages by direct deposit: the account needs to be selected by the staff member. This indicates the staff member should decide which account to utilize and the employer can not limit an employee’s section by, for instance, requiring the staff member to use an account at a specific banks.

For payments that are to be made after June 20, employment 2024, a worker has the right to pick the account where their earnings are to be transferred. If an employer formerly restricted a staff member’s account choice – for example, by requiring them to utilize an account at a specific financial institution – it is the company’s duty to confirm 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 employer that they desire their wages transferred to a various account and, when that occurs, the company should make the modification.

Vacation pay contracts

The ESA enables an to pay trip pay to a staff member on every pay cheque as it builds up or at any agreed-upon time, however only with the arrangement of the employee. Find out more about when to pay holiday pay.

Effective June 21, 2024, the ESA is amended to clarify that the employee must make an agreement with the employer in order for the company to be able to pay vacation pay on every pay cheque or employment at an agreed-upon time. This verifies that such contracts can not be spoken and must be made in writing (consisting of digitally), constant with how the ministry implements the ESA.

Tips or other gratuities – methods of payment

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

– money

– cheque

– direct deposit

If payment is by money or cheque, the employee needs to be paid the pointers or other gratuities at the workplace or at some other location consented to electronically or in writing by the employee.

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

The requirement that the worker select the account implies the employee needs to decide which account to utilize, and the company can not restrict a worker’s selection by, for example, requiring the employee to utilize an account at a specific banks.

For payments that are to be made after June 20, 2024, a staff member can pick the account where their ideas are to be deposited. If an employer formerly restricted a staff member’s account selection – for example, by requiring them to use an account at a specific financial institution – it is the company’s obligation to validate the worker’s choice of their wanted account before they make the next payment after June 20, 2024. A worker can likewise alert their employer that they want their pointers deposited to a various account and, when that happens, the employer needs to make the change.

Tips sharing policy

The ESA permits employers, along with directors and investors of an employer, to share in tips, if defined requirements are satisfied.

Effective June 21, 2024, where a company has a policy about the employer, director or shareholder of the company, sharing in a suggestion pool, employment the company will be needed to post a copy of that policy in a plainly visible location in the work environment where it is likely to come to the attention of staff members.

The requirement to post a policy does not require a company to establish a policy. It uses if an employer has a written policy in place or if a company has a recognized practice of sharing in an idea pool that is consistently applied (even if it’s not written down). If the company has an unwritten but established, 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 needs to appear in the policy, as long as the published file is a true copy of the policy that is in location and plainly mentions that the employer or a director or investor of the employer shares in the tip pool.

Effective, June 21, 2024, employers will also be needed to keep a copy of every ideas sharing policy that is needed to be posted 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, amendments will enter force that establish brand-new requirements for companies related to publicly advertised job postings.

Temporary assistance firm and recruiter licensing

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

– Temporary assistance firms are needed to hold a licence to operate.Clients are forbidden from intentionally engaging or using the services of a temporary assistance company unless the agency holds a licence. (Find out more about the relationship in between short-lived aid companies and customers.).

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

Where applications are made before July 1, 2024 and a choice 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 amended. The modifications consist of:

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

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

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

The ministry’s licensing web page has actually been updated to show these changes. Please check out that website for details.