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

Effective October 28, 2024, companies can not need employees to offer a certificate from a competent health specialist (a medical note). A “certified health practitioner” is a person who is certified to practise as a doctor, registered nurse or psychologist under the laws of the jurisdiction in which care or treatment is offered to the worker.

ESA maximum fines

A prosecution may be begun under Part III of the Provincial Offences Act where an individual is thought to have dedicated an offense under the ESA. If founded guilty, a person could be subject to a fine or referall.us a regard to imprisonment or both.

As of 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) defines a worker to include a person who:

– carries out work for an employer for salaries

– supplies services to a company for salaries

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

– is a homeworker

– was a worker

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

Deductions from incomes

The ESA restricts companies from making reductions from salaries when the company had a money scarcity, lost residential or commercial property or had property taken and a person aside from the employee had access to the cash or residential or commercial property.

On March 21, 2024, the ESA was changed to validate that this includes reductions from earnings in “dine and rush”, “gas and dash” and other similar circumstances.

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 needs to remain in the worker’s name and no one other than the employee can have access to the account, unless the worker has authorized it.

Effective June 21, 2024, an additional requirement will be in place if the company wishes to pay salaries by direct deposit: the account needs to be picked by the worker. This means the staff member should decide which account to use and the company can not restrict an employee’s section by, for instance, requiring the staff member to utilize an account at a particular monetary organization.

For payments that are to be made after June 20, 2024, a worker deserves to select the account where their incomes are to be transferred. If a company formerly restricted a staff member’s account selection – for example, by requiring them to utilize an account at a specific 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. An employee can likewise inform their employer that they want their earnings deposited to a different account and, when that takes place, the employer must make the modification.

Vacation pay agreements

The ESA allows a company to pay holiday pay to an employee on every pay cheque as it builds up or at any agreed-upon time, but only with the contract of the worker. Find out more about when to pay holiday pay.

Effective June 21, 2024, the ESA is changed to clarify that the staff member must make a contract 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 verifies that such agreements can not be verbal and need to be made in composing (consisting of digitally), consistent with how the ministry imposes the ESA.

Tips or other gratuities – techniques 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 worker must be paid the pointers or other gratuities at the workplace or at some other location accepted digitally or in writing by the worker.

If payment is made by direct deposit, the account needs to be selected by the staff member and remain in the worker’s name. Nobody besides the worker can have access to the account, unless the worker has actually licensed it.

The requirement that the worker select the account means the worker should decide which account to use, and the company can not limit a staff member’s selection by, for instance, needing the staff member to utilize an account at a specific banks.

For payments that are to be made after June 20, 2024, a worker has the right to pick the account where their pointers are to be deposited. If an employer formerly restricted a staff member’s account selection – for example, by requiring them to utilize an account at a specific banks – it is the company’s duty to verify the staff member’s selection of their wanted account before they make the next payment after June 20, 2024. A staff member can likewise alert their employer that they want their tips deposited to a various account and, when that takes place, the company needs to make the change.

Tips sharing policy

The ESA enables companies, as well as directors and investors of an employer, to share in ideas, if specified criteria are fulfilled.

Effective June 21, 2024, where an employer has a policy about the company, director or investor of the company, sharing in an idea pool, the employer will be needed to post a copy of that policy in a plainly visible place in the work environment where it is most likely to come to the attention of workers.

The requirement to publish a policy does not need an employer to develop a policy. It uses if an employer has a written policy in place or if an employer has an established practice of sharing in an idea pool that is regularly used (even if it’s not documented). If the employer has an unwritten however established, 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 details that must appear in the policy, as long as the posted document is a real copy of the policy that is in place and clearly states that the company or a director or investor of the employer shares in the suggestion swimming pool.

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

requirements

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

Temporary aid firm and employer licensing

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

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

– Employers, prospective employers and other recruiters are prohibited 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 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 modified. The changes include:

– Adding a surety bond as a new appropriate form of security for all candidates,.

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

– altering the application charge and security requirements for entities using both for a short-term aid firm and a recruiter licence.

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