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Under the Employment Standards Act, 2000 (ESA), companies can require a worker to supply evidence affordable in the circumstances that they are entitled to sick 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 “qualified health specialist” is a person who is qualified 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 staff member.

ESA maximum fines

A prosecution may be started under Part III of the Provincial Offences Act where an individual is thought to have actually dedicated an offence under the ESA. If founded guilty, employment an individual could be based on a fine or a term of jail time or both.

As of October 28, 2024, the maximum fine for individuals founded guilty 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:

– carries out work for an employer for earnings

– supplies services to an employer for wages

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

– is a homeworker

– was a worker

On March 21, 2024, employment the significance of “training” was broadened to include work performed throughout a trial duration. An employee now consists of a person who carries out work during a trial duration for an employer, if the skills being examined during the trial period are skills used by the employer’s staff members or might be utilized by employees if there are no other workers. This indicates the hours worked throughout the trial period 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 property or had residential or employment commercial property taken and an individual aside from the staff member had access to the cash or property.

On March 21, 2024, the ESA was modified to confirm that this consists of deductions from incomes in “dine and rush”, “gas and dash” and other comparable scenarios.

Payment of earnings – direct deposit

The ESA requires companies to pay salaries by cash, cheque or direct deposit. If the wages are paid by direct deposit, the account must remain in the staff member’s name and no one aside from the staff member can have access to the account, unless the staff member has licensed it.

Effective June 21, 2024, an additional requirement will be in location if the company wishes to pay earnings by direct deposit: the account should be chosen by the employee. This suggests the staff member needs to decide which account to use and the employer can not limit a staff member’s section by, for instance, needing the staff member to use an account at a specific monetary institution.

For employment payments that are to be made after June 20, 2024, an employee deserves to select the account where their incomes are to be transferred. If a company previously a worker’s account selection – for example, by needing them to use an account at a specific financial organization – it is the company’s obligation to confirm the worker’s choice of their wanted account before they make the next payment after June 20, 2024. A staff member can also alert their company that they desire their salaries deposited to a different account and, when that takes place, the employer needs to make the modification.

Vacation pay agreements

The ESA enables a company to pay holiday pay to a worker on every pay cheque as it collects or at any agreed-upon time, but just with the contract of the worker. Learn more about when to pay vacation pay.

Effective June 21, 2024, employment the ESA is modified to clarify that the staff member needs to make a contract with the employer in order for the employer to be able to pay trip pay on every pay cheque or at an agreed-upon time. This confirms that such agreements can not be verbal and need to be made in writing (including digitally), constant with how the ministry implements the ESA.

Tips or other gratuities – methods of payment

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

– cash

– cheque

– direct deposit

If payment is by cash or cheque, the worker should be paid the ideas or other gratuities at the office or at some other place accepted electronically or in composing by the employee.

If payment is made by direct deposit, the account should be chosen by the employee and remain in the employee’s name. Nobody other than the staff member can have access to the account, employment unless the employee has licensed it.

The requirement that the staff member select the account suggests the employee needs to decide which account to utilize, and the employer can not limit a staff member’s selection by, for instance, requiring the worker to use an account at a particular financial organization.

For payments that are to be made after June 20, 2024, a worker can choose the account where their suggestions are to be transferred. If a company formerly restricted a worker’s account selection – for instance, by requiring them to utilize an account at a specific financial organization – it is the company’s obligation to confirm the worker’s choice of their wanted account before they make the next payment after June 20, 2024. A staff member can also inform their company that they want their suggestions transferred to a different account and, when that happens, the company should make the modification.

Tips sharing policy

The ESA allows companies, along with directors and investors of an employer, to share in ideas, if defined requirements are met.

Effective June 21, 2024, where a company has a policy about the company, director or investor of the company, sharing in a tip swimming pool, the company will be required to publish a copy of that policy in a clearly noticeable place in the office where it is most likely to come to the attention of employees.

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

The ESA does not define the information that must appear in the policy, as long as the published file is a real copy of the policy that remains in location and plainly specifies that the company or a director or investor of the employer shares in the idea pool.

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

Job posting requirements

On a date to be set by pronouncement of the Lieutenant Governor, modifications will enter force that establish brand-new requirements for employers associated with publicly marketed task postings.

Temporary assistance firm and employer 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 purposefully engaging or using the services of a short-term assistance agency unless the agency holds a licence. (Learn more about the relationship in between short-term help agencies and customers.).

– Employers, prospective employers and other employers 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 changed. The changes include:

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

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

– altering the application cost and security requirements for entities applying both for a short-lived assistance agency and a recruiter licence.

The ministry’s licensing website has been upgraded to show these modifications. Please go to that website for employment details.