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

Effective October 28, 2024, companies can not need employees to supply a certificate from a qualified health practitioner (a medical note). A “qualified health specialist” is an individual who is certified to practise as a doctor, signed up nurse or psychologist under the laws of the jurisdiction in which care or treatment is offered to the employee.

ESA optimum fines

A prosecution might be commenced under Part III of the Provincial Offences Act where a person is believed to have dedicated an offence under the ESA. If founded guilty, a person might be subject to a fine or a regard to jail time 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 employee

The Employment Standards Act (ESA) defines a staff member to consist of an individual who:

– performs work for a company for salaries

– products services to an employer for incomes

– receives training from an employer, if the ability they’re being trained on is an ability 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 period. A worker now consists of a person who performs work throughout a trial period for a company, if the skills being assessed during the trial period are abilities utilized by the employer’s employees or might be used by employees if there are no other staff members. This means the hours worked throughout the trial period must be counted as work time. Learn more about what counts as work time.

Deductions from wages

The ESA prohibits companies from making reductions from earnings when the company had a money lack, lost home or employment had property taken and an individual besides the worker had access to the cash or .

On March 21, 2024, the ESA was modified to verify that this consists of deductions from wages in “dine and rush”, “gas and dash” and other comparable circumstances.

Payment of earnings – direct deposit

The ESA needs companies to pay earnings by cash, cheque or direct deposit. If the salaries are paid by direct deposit, the account should remain in the worker’s name and nobody besides the employee can have access to the account, unless the staff member has actually licensed it.

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

For payments that are to be made after June 20, 2024, employment an employee deserves to select the account where their incomes are to be transferred. If a company formerly restricted an employee’s account choice – for instance, by requiring them to utilize an account at a specific banks – it is the company’s duty to confirm the employee’s selection of their wanted account before they make the next payment after June 20, 2024. A staff member can likewise alert their employer that they desire their wages transferred to a different account and, when that happens, the company must make the change.

Vacation pay contracts

The ESA allows an employer to pay vacation pay to a staff member on every pay cheque as it accumulates or employment at any agreed-upon time, but just with the contract of the worker. Discover more about when to pay trip pay.

Effective June 21, 2024, the ESA is amended to clarify that the staff member must make an arrangement with the company in order for the company 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 spoken and must be made in writing (including electronically), constant with how the ministry implements the ESA.

Tips or other gratuities – approaches of payment

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

– money

– cheque

– direct deposit

If payment is by money or employment cheque, the employee needs to be paid the tips or other gratuities at the work environment or at some other location accepted digitally or employment in writing by the worker.

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

The requirement that the employee select the account implies the worker needs to decide which account to utilize, and the employer can not limit a staff member’s choice by, for instance, requiring the worker to utilize an account at a particular banks.

For payments that are to be made after June 20, 2024, a worker deserves to choose the account where their tips are to be deposited. If an employer previously restricted a worker’s account selection – for instance, by needing them to use an account at a specific monetary organization – it is the employer’s obligation to verify the staff member’s choice of their preferred account before they make the next payment after June 20, 2024. An employee can also notify their company that they want their ideas transferred to a various account and, when that happens, the employer needs to make the modification.

Tips sharing policy

The ESA allows companies, along with directors and investors of a company, to share in ideas, if specified requirements are satisfied.

Effective June 21, 2024, where an employer has a policy about the employer, director or shareholder of the employer, sharing in a suggestion swimming pool, the employer will be required to post 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 publish a policy does not need a company to develop a policy. It applies if an employer has a written policy in location or if an employer has a recognized practice of sharing in a tip pool that is consistently used (even if it’s not jotted down). If the company has an unwritten however established, consistently-applied practice in location, the company must put the policy in composing and publish a copy of the policy.

The ESA does not specify the information that needs to appear in the policy, as long as the posted document is a real copy of the policy that remains in place and plainly states that the employer or a director or investor of the employer 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 posting requirements

On a date to be set by pronouncement of the Lieutenant Governor, modifications will enter force that establish new requirements for employment employers related to openly marketed task postings.

Temporary aid firm and employer licensing

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

– Temporary aid companies are needed to hold a licence to operate.Clients are prohibited from purposefully engaging or using the services of a momentary assistance company unless the company holds a licence. (Learn more about the relationship between momentary help companies and clients.).

– Employers, potential 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 choice is pending, there is a transitional rule that will use.

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

– Adding a surety bond as a brand-new acceptable type of security for employment all applicants,.

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

– altering the application fee and security requirements for entities applying both for a short-term help firm and an employer licence.

The ministry’s licensing webpage has been updated to show these modifications. Please check out that webpage for information.