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Under the Employment Standards Act, 2000 (ESA), companies can require an employee to provide evidence reasonable in the circumstances that they are entitled to authorized leave under the ESA.

Effective October 28, 2024, companies can not need workers to provide a certificate from a qualified health specialist (a medical note). A “competent health specialist” is a person who is qualified to practice as a doctor, 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 might be begun under Part III of the Provincial Offences Act where an individual is thought to have devoted an offense under the ESA. If convicted, a person could be subject to a fine or a regard to imprisonment or both.

As of October 28, 2024, the optimum fine for people convicted of contravening the ESA has actually increased to $100,000 (up from $50,000).

Definition of employee

The Employment Standards Act (ESA) specifies a worker to consist of an individual who:

– performs work for an employer for earnings

– supplies services to a company for earnings

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

– is a homeworker

– was a worker

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

Deductions from earnings

The ESA restricts employers from making reductions from earnings when the employer had a cash shortage, lost residential or commercial property or had actually residential or commercial property stolen and an individual besides the staff member had access to the money or property.

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

Payment of salaries – direct deposit

The ESA requires employers to pay salaries by cash, cheque or direct deposit. If the incomes are paid by direct deposit, the account must remain in the staff member’s name and nobody other than the staff member can have access to the account, unless the staff member has actually authorized it.

Effective June 21, 2024, an extra requirement will be in location if the company wants to pay salaries by direct deposit: the account should be selected by the employee. This implies the worker should choose which account to utilize and the employer can not restrict an employee’s area by, for example, needing the staff member to utilize an account at a specific banks.

For payments that are to be made after June 20, 2024, an employee has the right to pick the account where their salaries are to be transferred. If an employer previously limited an employee’s account choice – for instance, by requiring them to utilize an account at a specific monetary organization – 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 worker can also inform their company that they want their wages transferred to a different account and, when that occurs, the company must make the modification.

Vacation pay agreements

The ESA allows a company to pay trip pay to a worker on every pay cheque as it collects or at any agreed-upon time, however only with the contract of the employee. Find out 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 company in order for the employer to be able to pay getaway pay on every pay cheque or at an agreed-upon time. This validates that such contracts can not be verbal and should be made in writing (consisting of electronically), consistent with how the ministry implements 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:

– money

– cheque

– direct deposit

If payment is by money or cheque, the worker needs to be paid the ideas or other gratuities at the workplace or at some other place consented to digitally or in writing by the employee.

If payment is made by direct deposit, the account must be selected by the staff member and remain in the worker’s name. Nobody other than the employee can have access to the account, unless the employee has authorized it.

The requirement that the worker choose the account suggests the worker needs to decide which account to utilize, and the employer can not restrict a staff member’s choice by, for example, requiring the staff member to utilize an account at a specific banks.

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

Tips sharing policy

The ESA allows employers, as well as directors and shareholders of an employer, to share in suggestions, if defined requirements are met.

Effective June 21, 2024, where a company has a policy about the company, director or shareholder of the company, sharing in an idea pool, the company will be required to post a copy of that policy in a plainly noticeable location in the workplace where it is most likely to come to the attention of employees.

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

The ESA does not specify the information that must appear in the policy, as long as the published file is a true copy of the policy that is in location and plainly states that the employer or referall.us a director or shareholder of the employer shares in the tip pool.

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

Job posting requirements

On a date to be set by pronouncement of the Lieutenant Governor, changes will come into force that develop brand-new requirements for employers related to publicly marketed task postings.

Temporary aid agency and recruiter licensing

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

– Temporary assistance agencies are needed to hold a licence to operate.Clients are prohibited from intentionally engaging or using the services of a short-term help agency unless the firm holds a licence. (Discover more about the relationship in between short-term assistance companies and clients.).

– 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 apply.

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 form of security for all applicants,.

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

– changing the application fee and security requirements for entities applying both for a short-term help company and a recruiter licence.

The ministry’s licensing webpage has been upgraded to reflect these modifications. Please go to that web page for details.