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Under the Employment Standards Act, 2000 (ESA), companies can require an employee to supply proof reasonable in the circumstances that they are entitled to authorized leave under the ESA.

Effective October 28, 2024, companies can not require workers to provide a certificate from a qualified health professional (a medical note). A “qualified health specialist” is a person who is qualified to practice as a doctor, registered nurse or psychologist under the laws of the jurisdiction in which care or treatment is provided to the employee.

ESA maximum fines

A prosecution may be commenced under Part III of the Provincial Offences Act where a person is believed to have dedicated an offense under the ESA. If founded guilty, a person could be subject to a fine or a term of imprisonment or both.

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

Definition of employee

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

– performs work for an employer for incomes

– materials services to a company for salaries

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

– is a homeworker

– was an employee

On March 21, 2024, the meaning of “training” was broadened to include work performed throughout a trial duration. A worker now includes a person who performs work during a trial period for a company, if the skills being evaluated throughout the trial duration are abilities utilized by the company’s workers or could be used by workers if there are no other staff members. This suggests the hours worked throughout the trial period need to be counted as work time. Discover more about what counts as work time.

Deductions from wages

The ESA prohibits employers from making reductions from earnings when the employer had a cash lack, lost property or had home stolen and a person aside from the worker had access to the cash or residential or commercial property.

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

Payment of wages – direct deposit

The ESA requires companies to pay incomes by money, cheque or direct deposit. If the salaries are paid by direct deposit, the account must be in the employee’s name and nobody besides the worker can have access to the account, unless the employee has actually authorized it.

Effective June 21, 2024, an extra requirement will remain in location if the employer desires to pay incomes by direct deposit: the account needs to be selected by the worker. This implies the worker needs to choose which account to utilize and the company can not limit an employee’s section by, for example, requiring the staff member to utilize an account at a specific financial institution.

For payments that are to be made after June 20, 2024, a worker has the right to select the account where their wages are to be deposited. If an employer formerly limited an employee’s account selection – for instance, by requiring them to use an account at a specific financial organization – it is the employer’s responsibility to validate the staff member’s selection of their preferred account before they make the next payment after June 20, 2024. A worker can likewise notify their company that they desire their earnings transferred to a various account and, when that happens, the company must make the change.

Vacation pay agreements

The ESA permits a company to pay trip pay to a worker on every pay cheque as it builds up or at any agreed-upon time, but only with the arrangement of the worker. Discover more about when to pay trip pay.

Effective June 21, 2024, the ESA is amended to clarify that the staff member should make a contract with the employer in order for the company to be able to pay vacation pay on every pay cheque or at an agreed-upon time. This verifies that such contracts can not be spoken and should be made in writing (consisting of digitally), consistent with how the ministry imposes the ESA.

Tips or other gratuities – methods of payment

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

– money

– cheque

– direct deposit

If payment is by money or cheque, the staff member must be paid the tips or other gratuities at the office or at some other place accepted digitally or in composing by the staff member.

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

The requirement that the staff member pick the account suggests the staff member needs to choose which account to use, and the employer can not limit a worker’s choice by, for instance, requiring the staff member to use an account at a particular monetary organization.

For that are to be made after June 20, 2024, a staff member has the right to select the account where their pointers are to be transferred. If an employer formerly limited a staff member’s account selection – for instance, by requiring them to use an account at a specific banks – it is the company’s duty to confirm the staff member’s choice of their preferred account before they make the next payment after June 20, 2024. A staff member can also notify their employer that they want their suggestions deposited to a different account and, job when that occurs, the company should make the change.

Tips sharing policy

The ESA enables employers, in addition to directors and shareholders of a company, to share in tips, if defined criteria are fulfilled.

Effective June 21, 2024, where an employer has a policy about the employer, director or shareholder of the employer, sharing in a pointer swimming pool, the employer will be required 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 employees.

The requirement to post a policy does not require a company 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 pointer swimming pool that is regularly used (even if it’s not documented). If the company has an unwritten however recognized, consistently-applied practice in location, the employer needs to put the policy in composing and post a copy of the policy.

The ESA does not specify the information that should appear in the policy, as long as the published document is a true copy of the policy that remains in location and clearly states that the employer or a director or investor of the company shares in the pointer swimming pool.

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

Job publishing requirements

On a date to be set by pronouncement of the Lieutenant Governor, modifications will enter force that develop brand-new requirements for job employers connected to openly advertised task postings.

Temporary aid agency and employer licensing

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

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

– Employers, potential companies and other recruiters are forbidden from knowingly engaging or utilizing the services of any recruiter 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, job O. Reg. 99/23 – Licensing Temporary Help Agencies and Recruiters was amended. The changes consist of:

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

– exempting particular recruiters from the security requirement under defined conditions,.

– altering the application charge and security requirements for entities using both for a temporary help firm and a recruiter licence.

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