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

Effective October 28, 2024, employers can not require workers to supply a certificate from a qualified health practitioner (a medical note). A “competent health specialist” is a person who is qualified to practise as a physician, signed up nurse or psychologist under the laws of the jurisdiction in which care or treatment is provided to the worker.

ESA maximum fines

A prosecution may be started under Part III of the Provincial Offences Act where an individual is believed to have committed an offence under the ESA. If convicted, a person could be based on a fine or a regard to jail time or both.

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

Definition of staff member

The Employment Standards Act (ESA) a staff member to include an individual who:

– carries out work for a company for earnings

– materials services to a company for salaries

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

– is a homeworker

– was a staff member

On March 21, employment 2024, the significance of “training” was broadened to consist of work performed during a trial duration. A worker now consists of a person who carries out work throughout a trial duration for a company, if the abilities being evaluated throughout the trial period are abilities utilized by the company’s workers or could be utilized by employees if there are no other employees. This suggests the hours worked throughout the trial duration must be counted as work time. Learn more about what counts as work time.

Deductions from incomes

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

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

Payment of salaries – direct deposit

The ESA needs companies to pay earnings by cash, cheque or direct deposit. If the earnings are paid by direct deposit, the account should be in the worker’s name and no one other than the employee can have access to the account, unless the employee has actually licensed it.

Effective June 21, 2024, an extra requirement will be in location if the employer wants to pay salaries by direct deposit: the account should be selected by the worker. This implies the employee needs to decide which account to use and the employer can not restrict an employee’s area by, for instance, 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 deserves to select the account where their salaries are to be transferred. If an employer previously limited a staff member’s account choice – for instance, by needing them to utilize an account at a specific banks – it is the employer’s obligation to validate the employee’s choice of their desired account before they make the next payment after June 20, 2024. An employee can likewise inform their company that they desire their salaries deposited to a various account and, when that happens, the company must make the modification.

Vacation pay arrangements

The ESA permits an employer to pay getaway pay to a staff member on every pay cheque as it collects or at any agreed-upon time, however just with the contract of the staff member. Discover more about when to pay vacation pay.

Effective June 21, 2024, the ESA is modified to clarify that the employee needs to make an arrangement with the employer in order for the employer to be able to pay getaway pay on every pay cheque or at an agreed-upon time. This confirms that such contracts can not be spoken and should be made in writing (consisting of electronically), constant with how the ministry imposes the ESA.

Tips or other gratuities – techniques of payment

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

– money

– cheque

– direct deposit

If payment is by cash or cheque, employment the employee needs to be paid the tips or other gratuities at the work environment or at some other place accepted electronically or in composing by the worker.

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

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

For employment payments that are to be made after June 20, 2024, an employee has the right to choose the account where their ideas are to be deposited. If a company formerly restricted a staff member’s account selection – for example, by needing them to use an account at a particular banks – it is the employer’s duty to confirm the worker’s selection of their preferred account before they make the next payment after June 20, 2024. A worker can likewise alert their employer that they desire their tips transferred to a different account and, when that takes place, the employer needs to make the change.

Tips sharing policy

The ESA permits companies, along with directors and investors of a company, to share in ideas, if defined criteria are satisfied.

Effective June 21, 2024, where an employer has a policy about the company, director or employment shareholder of the company, sharing in a tip pool, the company will be needed to publish a copy of that policy in a plainly visible place in the office where it is most likely to come to the attention of staff members.

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

The ESA does not specify the details that needs to appear in the policy, as long as the posted file is a real copy of the policy that remains in location and clearly mentions that the employer or a director or investor of the company shares in the suggestion 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 posted for 3 years after the policy stops being in effect.

Job publishing requirements

On a date to be set by proclamation of the Lieutenant Governor, changes will enter force that develop brand-new requirements for companies connected to openly marketed task posts.

Temporary assistance agency and employer licensing

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

– Temporary assistance companies are needed to hold a licence to operate.Clients are prohibited from intentionally engaging or utilizing the services of a temporary aid agency unless the company holds a licence. (Learn more about the relationship between short-lived help firms and clients.).

– Employers, employment potential employers 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 apply.

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

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

– excusing specific recruiters from the security requirement under defined conditions,.

– changing the application fee and security requirements for entities using both for employment a momentary aid firm and an employer licence.

The ministry’s licensing website has been updated to reflect these modifications. Please visit that website for information.