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

Effective October 28, 2024, employers can not need employees to provide a certificate from a qualified health practitioner (a medical note). A «certified health specialist» is an individual who is qualified to practise as a physician, registered nurse or psychologist under the laws of the jurisdiction in which care or treatment is offered to the staff member.

ESA maximum fines

A prosecution might be commenced under Part III of the Provincial Offences Act where a person is believed to have actually dedicated 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 employee

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

– performs work for an employer for incomes

– products services to an employer for wages

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

– is a homeworker

– was a staff member

On March 21, 2024, the meaning of «training» was broadened to consist of work performed throughout a trial duration. A staff member now includes a person who performs work throughout a trial period for a company, if the abilities being examined during the trial period are abilities used by the employer’s employees or could be used by employees if there are no other employees. This suggests the hours worked throughout the trial duration need to be counted as work time. Learn more about what counts as work time.

Deductions from wages

The ESA restricts employers from making reductions from earnings when the company had a money shortage, lost home or had home stolen and a person besides the staff member had access to the cash or property.

On March 21, 2024, the ESA was amended to validate that this consists of deductions from incomes in «dine and dash», «gas and dash» and other comparable scenarios.

Payment of salaries – direct deposit

The ESA requires companies to pay salaries by money, cheque or direct deposit. If the salaries are paid by direct deposit, the account needs to be in the worker’s name and nobody aside from the staff member can have access to the account, unless the staff member has actually licensed it.

Effective June 21, 2024, an additional requirement will remain in place if the employer wishes to pay earnings by direct deposit: the account should be chosen by the employee. This indicates the staff member needs to decide which account to use and the employer can not restrict a worker’s section by, for example, requiring the worker to use an account at a particular banks.

For payments that are to be made after June 20, 2024, a worker has the right to pick the account where their incomes are to be transferred. If a company previously restricted an employee’s account choice – for instance, by requiring them to use an account at a particular monetary institution – it is the company’s obligation to validate the worker’s selection of their wanted account before they make the next payment after June 20, 2024. An employee can also alert their company that they want their wages transferred to a various account and, when that takes place, the company needs to make the modification.

Vacation pay agreements

The ESA enables an employer to pay getaway pay to an employee on every pay cheque as it accumulates or at any agreed-upon time, but just with the contract of the employee. Learn more about when to pay holiday pay.

Effective June 21, 2024, the ESA is amended to clarify that the staff member should make a contract with the employer in order for the to be able to pay holiday pay on every pay cheque or at an agreed-upon time. This verifies that such agreements can not be verbal and must be made in composing (consisting of digitally), constant with how the ministry implements the ESA.

Tips or other gratuities – techniques of payment

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

– money

– cheque

– direct deposit

If payment is by money or cheque, the staff member needs to be paid the ideas or other gratuities at the office or at some other location consented to electronically or in composing by the employee.

If payment is made by direct deposit, the account should be chosen by the worker and be in the worker’s name. Nobody other than 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 choose which account to utilize, and the company can not restrict a worker’s choice by, for instance, needing 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 tips are to be deposited. If a company formerly limited a worker’s account choice – for example, by requiring them to use an account at a particular banks – it is the employer’s responsibility to verify the worker’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 desire their tips deposited to a different account and, when that occurs, the company needs to make the change.

Tips sharing policy

The ESA permits employers, along with directors and investors of an employer, to share in pointers, if specified requirements are fulfilled.

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

The requirement to post 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 an established practice of sharing in a suggestion swimming pool that is consistently applied (even if it’s not jotted down). If the employer 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 should appear in the policy, as long as the published file is a true copy of the policy that is in location and plainly specifies that the company or a director or investor of the employer shares in the pointer swimming 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 3 years after the policy stops being in result.

Job publishing requirements

On a date to be set by pronouncement of the Lieutenant Governor, amendments will enter into force that establish new requirements for employers associated with openly advertised task postings.

Temporary help company and employer licensing

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

– Temporary help companies are required to hold a licence to operate.Clients are forbidden from purposefully engaging or utilizing the services of a short-lived aid agency unless the company holds a licence. (Find out more about the relationship in between short-lived aid companies and customers.).

– Employers, prospective companies and other employers are forbidden from purposefully 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 guideline that will use.

On April 29, 2024, O. Reg. 99/23 – Licensing Temporary Help Agencies and Recruiters was modified. The changes consist of:

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

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

– changing the application charge and security requirements for entities applying both for a short-lived assistance firm and an employer licence.

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