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Under the Employment Standards Act, 2000 (ESA), companies can require a worker to provide proof affordable in the situations that they are entitled to authorized leave under the ESA.

Effective October 28, 2024, employers can not require workers to supply a certificate from a qualified health practitioner (a medical note). A “competent health practitioner” is an individual who is qualified to practice as a physician, job registered nurse or psychologist under the laws of the jurisdiction in which care or treatment is supplied to the worker.

ESA optimum fines

A prosecution might be commenced under Part III of the Provincial Offences Act where an individual is thought to have committed an offence under the ESA. If founded guilty, an individual might be subject to a fine or a term of imprisonment or both.

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

Definition of staff member

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

– carries out work for a company for salaries

– products services to a company for salaries

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

– is a homeworker

– was an employee

On March 21, 2024, the meaning of “training” was expanded to include work performed during a trial period. An employee now consists of an individual who performs work throughout a trial duration for a company, if the skills being evaluated throughout the trial duration are skills used by the company’s workers or could be used by employees if there are no other employees. This suggests the hours worked during the trial period need to be counted as work time. Learn more about what counts as work time.

Deductions from earnings

The ESA prohibits companies from making reductions from wages when the company had a cash lack, lost home or had actually residential or commercial property taken and a person aside from the staff member had access to the money or property.

On March 21, 2024, job the ESA was changed to validate that this consists of reductions from wages in “dine and rush”, “gas and dash” and other similar circumstances.

Payment of wages – direct deposit

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

Effective June 21, 2024, an extra requirement will be in location if the employer wants to pay wages by direct deposit: the account needs to be picked by the employee. This implies the employee needs to choose which account to use and the company can not restrict a staff member’s section by, for example, job requiring the staff member to utilize an account at a particular banks.

For payments that are to be made after June 20, 2024, a staff member has the right to pick the account where their earnings are to be deposited. If a company formerly restricted an employee’s account selection – for example, by requiring them to use an account at a particular monetary organization – it is the employer’s obligation to verify the worker’s selection of their wanted account before they make the next payment after June 20, 2024. A staff member can likewise notify their that they desire their wages deposited to a various account and, when that happens, the company should make the change.

Vacation pay arrangements

The ESA permits an employer to pay vacation pay to a staff member on every pay cheque as it builds up or at any agreed-upon time, but just with the contract of the staff member. Learn more about when to pay trip pay.

Effective June 21, 2024, the ESA is modified to clarify that the employee must make an arrangement with the company in order for the employer to be able to pay vacation pay on every pay cheque or at an agreed-upon time. This verifies that such agreements can not be verbal and need to be made in composing (consisting of electronically), constant with how the ministry imposes the ESA.

Tips or other gratuities – methods of payment

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

– money

– cheque

– direct deposit

If payment is by cash or cheque, the employee needs to be paid the suggestions or other gratuities at the work environment or at some other location agreed to digitally or job in writing by the staff member.

If payment is made by direct deposit, the account must be chosen by the employee and be in the staff member’s name. Nobody besides the staff member can have access to the account, unless the employee has actually licensed it.

The requirement that the staff member select the account means the staff member needs to decide which account to utilize, and the company can not restrict an employee’s selection by, for example, needing the employee to utilize an account at a specific banks.

For payments that are to be made after June 20, 2024, a staff member has the right to choose the account where their tips are to be deposited. If an employer formerly limited a staff member’s account selection – for example, by needing them to utilize an account at a particular monetary organization – it is the employer’s duty to validate the employee’s choice of their preferred account before they make the next payment after June 20, 2024. A worker can likewise notify their employer that they want their ideas transferred to a different account and, when that happens, the company must make the modification.

Tips sharing policy

The ESA enables employers, job in addition to directors and investors of a company, to share in tips, if specified criteria are fulfilled.

Effective June 21, 2024, where a company has a policy about the company, director or job investor of the company, sharing in a tip pool, the employer will be required to post a copy of that policy in a plainly noticeable location in the work environment where it is likely to come to the attention of employees.

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

The ESA does not specify the details that must appear in the policy, as long as the published document is a real copy of the policy that remains in place and clearly states that the company or a director or investor of the company shares in the suggestion swimming pool.

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

Job publishing requirements

On a date to be set by pronouncement of the Lieutenant Governor, changes will come into force that establish brand-new requirements for companies connected to publicly advertised job posts.

Temporary assistance agency and recruiter licensing

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

– Temporary assistance firms are needed to hold a licence to operate.Clients are forbidden from knowingly engaging or utilizing the services of a temporary assistance agency unless the company holds a licence. (Find out more about the relationship between short-lived help firms and customers.).

– Employers, prospective companies and other employers are restricted from purposefully engaging or utilizing the services of any employer 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 changed. The changes consist of:

– Adding a surety bond as a new appropriate form of security for all applicants,.

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

– altering the application charge and security requirements for entities using both for a momentary assistance company and a recruiter licence.

The ministry’s licensing web page has actually been upgraded to show these modifications. Please visit that web page for details.