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Under the Employment Standards Act, 2000 (ESA), companies can need a staff member to supply evidence sensible in the situations that they are entitled to authorized leave under the ESA.

Effective October 28, 2024, employers can not require staff members to provide a certificate from a qualified health specialist (a medical note). A «qualified health practitioner» is a person 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 worker.

ESA optimum fines

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

Since 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 worker

The Employment Standards Act (ESA) defines an employee to include an individual who:

– carries out work for a company for earnings

– supplies services to an employer for wages

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

– is a homeworker

– was an employee

On March 21, 2024, the meaning of «training» was expanded to consist of work performed during a trial duration. A worker now consists of an individual who carries out work during a trial period for job an employer, if the abilities being examined during the trial duration are skills used by the company’s staff members or could be used by staff members if there are no other staff members. This implies the hours worked during the trial period need to be counted as work time. Learn more about what counts as work time.

Deductions from salaries

The ESA prohibits employers from making reductions from incomes when the company had a cash scarcity, lost home or had actually property stolen and an individual besides the employee had access to the cash or residential or commercial property.

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

Payment of incomes – direct deposit

The ESA needs companies to pay earnings by money, cheque or direct deposit. If the incomes are paid by direct deposit, the account must remain in the worker’s name and nobody besides the worker can have access to the account, unless the worker has authorized it.

Effective June 21, job 2024, an additional requirement will remain in location if the employer wishes to pay wages by direct deposit: the account must be picked by the worker. This indicates the worker should decide which account to use and the company can not limit a staff member’s section by, for example, requiring the employee to utilize an account at a specific banks.

For payments that are to be made after June 20, 2024, a worker deserves to choose the account where their salaries are to be transferred. If a company formerly restricted a worker’s account choice – for instance, by requiring them to utilize an account at a particular financial organization – it is the employer’s duty to confirm the staff member’s selection of their desired account before they make the next payment after June 20, 2024. A worker can also inform their employer that they want their incomes transferred to a various 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 staff member on every pay cheque as it collects or at any agreed-upon time, however only with the agreement of the staff member. Discover more about when to pay holiday pay.

Effective June 21, 2024, the ESA is modified to clarify that the worker must 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 validates that such contracts can not be spoken and must be made in writing (including digitally), consistent with how the ministry imposes the ESA.

Tips or other gratuities – techniques of payment

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

– cash

– cheque

– direct deposit

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

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

The requirement that the worker choose the account means the staff member should choose which account to utilize, and the employer can not restrict an employee’s choice by, for instance, needing the staff member to use an account at a specific financial institution.

For payments that are to be made after June 20, 2024, a worker deserves to select the account where their ideas are to be transferred. If a company formerly restricted an employee’s account choice – for example, by needing them to utilize an account at a specific monetary organization – it is the employer’s duty to validate the staff member’s selection of their desired account before they make the next payment after June 20, 2024. A staff member can also notify their company that they desire their suggestions deposited to a various account and, when that takes place, the company should make the modification.

Tips sharing policy

The ESA enables employers, along with directors and investors of a company, to share in pointers, if defined criteria are fulfilled.

Effective June 21, 2024, where an employer has a policy about the company, director or shareholder of the employer, sharing in a pointer pool, job the company will be required to post a copy of that policy in a plainly visible place in the office where it is most likely to come to the attention of employees.

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

The ESA does not define the info that should appear in the policy, as long as the published document is a real copy of the policy that is in place 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 likewise be needed 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 of the Lieutenant Governor, amendments will enter force that develop brand-new requirements for companies associated with openly marketed task postings.

Temporary assistance firm and employer licensing

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

– Temporary help agencies are required to hold a licence to operate.Clients are restricted from purposefully engaging or using the services of a short-term aid agency unless the firm holds a licence. (Learn more about the relationship in between momentary aid firms and clients.).

– Employers, potential employers 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 guideline that will apply.

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

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

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

– altering the application cost and security requirements for entities applying both for job a temporary aid agency and a recruiter licence.

The ministry’s licensing website has been upgraded to show these changes. Please check out that web page for information.