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

Effective October 28, 2024, companies can not require workers to supply a certificate from a competent health specialist (a medical note). A “certified health practitioner” is a person who is certified to practice as a physician, 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 may be commenced under Part III of the Provincial Offences Act where an individual is believed to have committed an offense under the ESA. If founded guilty, an individual could be subject to a fine or a term of imprisonment or both.

Since October 28, 2024, the optimum fine for people founded guilty 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:

– performs work for a company for wages

– supplies services to an employer for wages

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

– 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. An employee now includes an individual who carries out work during a trial duration for an employer, if the abilities being examined throughout the trial period are skills used by the employer’s workers or might be utilized by workers if there are no other staff members. This indicates the hours worked throughout the trial period should be counted as work time. Discover more about what counts as work time.

Deductions from salaries

The ESA forbids companies from making deductions from earnings when the company had a cash scarcity, lost home or had actually home taken and a person aside from the worker had access to the cash or home.

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

Payment of wages – direct deposit

The ESA needs companies to pay salaries by money, cheque or direct deposit. If the earnings are paid by direct deposit, the account must remain in the employee’s name and no one besides the staff member 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 earnings by direct deposit: the account should be chosen by the worker. This means the staff member should decide which account to utilize and the employer can not restrict a worker’s area by, for example, requiring the employee to utilize an account at a particular banks.

For payments that are to be made after June 20, 2024, an employee deserves to pick the account where their wages are to be deposited. If an employer formerly limited a worker’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 staff member’s choice of their wanted account before they make the next payment after June 20, 2024. A worker can likewise notify their employer that they desire their earnings transferred to a various account and, when that occurs, the company should make the modification.

Vacation pay contracts

The ESA enables an employer to pay vacation pay to a staff member on every pay cheque as it collects or at any agreed-upon time, however just with the arrangement of the employee. Learn more about when to pay trip pay.

Effective June 21, 2024, the ESA is changed to clarify that the employee must make a contract with the company in order for the company to be able to pay getaway 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 writing (consisting of digitally), consistent with how the ministry implements the ESA.

Tips or other gratuities – approaches of payment

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

– money

– cheque

– direct deposit

If payment is by cash or cheque, the worker should be paid the ideas or other gratuities at the work environment or at some other place accepted electronically or in writing by the staff member.

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

The requirement that the staff member pick the account indicates the staff member must decide which account to use, referall.us and the employer can not limit a worker’s selection 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, 2024, a worker has the right to pick the account where their pointers are to be transferred. If an employer formerly limited a worker’s account selection – for example, by needing them to use an account at a specific banks – it is the employer’s responsibility to verify the staff member’s selection of their wanted account before they make the next payment after June 20, 2024. A worker can also inform their employer that they desire their ideas deposited to a various account and, when that happens, the company should make the change.

Tips sharing policy

The ESA allows companies, in addition to directors and investors of a company, to share in suggestions, if defined requirements are satisfied.

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

The requirement to publish a policy does not need a company to develop a policy. It applies if an employer has a written policy in location or if a company has a of sharing in an idea swimming pool that is regularly used (even if it’s not made a note of). If the company has an unwritten but established, consistently-applied practice in place, the company needs to put the policy in composing and publish a copy of the policy.

The ESA does not specify the details that must appear in the policy, as long as the published file is a true copy of the policy that remains in place and clearly mentions that the employer or a director or shareholder of the employer shares in the pointer pool.

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

Job posting requirements

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

Temporary help company and recruiter 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 restricted from intentionally engaging or utilizing the services of a short-term help agency unless the agency holds a licence. (Discover more about the relationship between temporary help firms and clients.).

– Employers, potential companies and other recruiters are prohibited 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 decision is pending, there is a transitional rule that will use.

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 new appropriate type of security for all applicants,.

– excusing particular employers from the security requirement under specified conditions,.

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

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