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Under the Employment Standards Act, 2000 (ESA), employers can require a staff member to provide proof sensible in the scenarios that they are entitled to authorized leave under the ESA.

Effective October 28, 2024, companies can not require employees to offer a certificate from a qualified health specialist (a medical note). A „qualified health professional” is a person who is qualified to practice as a doctor, registered nurse or job psychologist under the laws of the jurisdiction in which care or treatment is supplied to the staff member.

ESA optimum fines

A prosecution might be commenced under Part III of the Provincial Offences Act where an individual is believed to have actually committed an offence under the ESA. If founded guilty, a person could be based on a fine or a regard to imprisonment or both.

As of October 28, job 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) specifies an employee to consist of a person who:

– performs work for job an employer for salaries

– products services to a company for wages

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

– is a homeworker

– was a worker

On March 21, 2024, the meaning of „training” was broadened to include work performed throughout a trial period. A worker now consists of an individual who performs work during a trial period for an employer, if the abilities being assessed throughout the trial period are skills utilized by the company’s staff members or might be used by employees if there are no other staff members. This means the hours worked throughout the trial period need to be counted as work time. Learn more about what counts as work time.

Deductions from earnings

The ESA forbids companies from making deductions from incomes when the company had a cash shortage, lost residential or commercial 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 verify that this includes deductions from wages in „dine and dash”, „gas and dash” and other comparable scenarios.

Payment of wages – direct deposit

The ESA needs employers to pay incomes by money, cheque or direct deposit. If the incomes are paid by direct deposit, the account must be in the staff member’s name and nobody aside from the employee 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 incomes by direct deposit: the account should be selected by the employee. This means the worker must choose which account to utilize and the company can not limit an employee’s area by, for example, requiring the staff member to use an account at a particular banks.

For payments that are to be made after June 20, 2024, an employee deserves to select the account where their wages are to be deposited. If an employer formerly limited a worker’s account choice – for example, by requiring them to utilize an account at a particular monetary institution – it is the company’s obligation to verify the staff member’s selection of their preferred account before they make the next payment after June 20, 2024. A worker can also inform their employer that they desire their earnings deposited to a different and, when that happens, the employer needs to make the change.

Vacation pay contracts

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

Effective June 21, 2024, the ESA is modified to clarify that the employee should make a contract with the employer in order for the employer to be able to pay holiday pay on every pay cheque or at an agreed-upon time. This confirms that such agreements can not be spoken and need to be made in writing (including 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:

– cash

– cheque

– direct deposit

If payment is by money or cheque, the employee must be paid the ideas or other gratuities at the work environment or at some other place agreed to digitally or in writing by the employee.

If payment is made by direct deposit, the account should be picked by the employee and be in the employee’s name. Nobody other than the worker can have access to the account, unless the worker has actually authorized it.

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

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

Tips sharing policy

The ESA permits companies, along with directors and investors of a company, to share in ideas, if defined requirements are fulfilled.

Effective June 21, 2024, where an employer has a policy about the company, director or investor of the employer, sharing in an idea swimming pool, job the company will be required to publish a copy of that policy in a plainly visible place in the workplace where it is most likely to come to the attention of workers.

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

The ESA does not specify the info that needs to appear in the policy, as long as the posted document is a true copy of the policy that is in location and clearly specifies that the company or a director or shareholder of the employer shares in the tip pool.

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

Job posting requirements

On a date to be set by proclamation of the Lieutenant Governor, modifications will come into force that establish new requirements for employers related to publicly advertised job posts.

Temporary help company and employer licensing

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

– Temporary aid firms are needed to hold a licence to operate.Clients are forbidden from intentionally engaging or utilizing the services of a short-lived assistance agency unless the firm holds a licence. (Learn more about the relationship in between momentary assistance companies and customers.).

– Employers, prospective employers and other recruiters are restricted 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 guideline that will use.

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

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

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

– changing the application cost and security requirements for entities applying both for a momentary help firm and a recruiter licence.

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