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

Effective October 28, 2024, employers can not need staff members to supply a certificate from a certified health practitioner (a medical note). A “qualified health practitioner” 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 supplied to the worker.

ESA optimum fines

A prosecution may be commenced 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, an individual could be subject to a fine or a term of imprisonment or both.

As of October 28, 2024, the maximum fine for people 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) defines an employee to consist of a person who:

– carries out work for an employer for wages

– products services to a company for wages

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

– is a homeworker

– was a worker

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

Deductions from wages

The ESA forbids companies from making deductions from incomes when the company had a cash shortage, lost property or had actually property stolen and an individual aside from the worker had access to the cash or property.

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

Payment of earnings – direct deposit

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

Effective June 21, 2024, an extra requirement will remain in location if the employer wishes to pay wages by direct deposit: the account should be chosen by the employee. This implies the employee should decide which account to use and the employer can not restrict a staff member’s section by, for example, needing the staff member to use an account at a specific financial organization.

For payments that are to be made after June 20, job 2024, an employee has the right to pick the account where their salaries are to be deposited. If a company previously restricted a worker’s account choice – for instance, by needing them to utilize an account at a particular banks – it is the company’s responsibility to validate the employee’s selection of their preferred account before they make the next payment after June 20, 2024. A staff member can also inform their employer that they want their salaries deposited to a different account and, job when that takes place, the employer should make the change.

Vacation pay contracts

The ESA allows a company to pay vacation pay to a worker on every pay cheque as it accumulates or at any agreed-upon time, however just with the contract of the staff member. Find out more about when to pay getaway pay.

Effective June 21, 2024, the ESA is changed to clarify that the employee should make an arrangement with the company in order for the company to be able to pay holiday pay on every pay cheque or at an agreed-upon time. This validates that such agreements 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 – techniques of payment

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

– money

– cheque

– direct deposit

If payment is by money or cheque, the employee needs to be paid the tips or other gratuities at the work environment or at some other place consented to electronically or in writing by the worker.

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

The requirement that the worker select the account implies the staff member needs to choose which account to use, and the employer can not limit an employee’s choice by, for example, needing the staff member to utilize an account at a specific monetary organization.

For payments that are to be made after June 20, 2024, a staff member deserves to pick the account where their ideas are to be transferred. If a company previously limited a worker’s account selection – for instance, by requiring them to use an account at a particular monetary organization – 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 also notify their company that they want their suggestions transferred to a various account and, when that takes place, the company must make the modification.

Tips sharing policy

The ESA enables employers, as well as directors and investors of an employer, to share in pointers, if specified criteria are satisfied.

Effective June 21, 2024, where a company has a policy about the employer, director or shareholder of the employer, sharing in a pointer 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 staff members.

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 location or if a company has an established practice of sharing in a tip swimming pool that is (even if it’s not jotted down). If the employer has an unwritten however established, consistently-applied practice in location, the company should put the policy in writing and publish a copy of the policy.

The ESA does not specify the info that should appear in the policy, as long as the published document is a true copy of the policy that remains in place and plainly specifies that the company or a director or investor of the company shares in the idea pool.

Effective, June 21, 2024, employers will also be needed 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 proclamation of the Lieutenant Governor, modifications will come into force that establish brand-new requirements for employers associated with openly marketed job posts.

Temporary help agency 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 prohibited from knowingly engaging or using the services of a short-term help company unless the firm holds a licence. (Learn more about the relationship in between temporary assistance firms and customers.).

– Employers, prospective companies and other recruiters are forbidden from knowingly engaging or utilizing the services of any employer that does not hold a licence.

Where applications are made before July 1, 2024 and a choice 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 modifications include:

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

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

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

The ministry’s licensing web page has actually been updated to show these changes. Please visit that website for information.