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Founded Date August 28, 1973
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Sectors Education Training
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Under the Employment Standards Act, 2000 (ESA), companies can require a worker to offer evidence sensible in the circumstances that they are entitled to authorized leave under the ESA.
Effective October 28, 2024, employers can not need employees to offer a certificate from a certified health specialist (a medical note). A “certified health professional” is a person who is qualified to practise 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 optimum fines
A prosecution may be begun under Part III of the Provincial Offences Act where an individual is thought to have actually dedicated an offence under the ESA. If founded guilty, a person could be based on a fine or a term of imprisonment or both.
Since October 28, 2024, the optimum fine for people convicted of contravening the ESA has increased to $100,000 (up from $50,000).
Definition of employee
The Employment Standards Act (ESA) specifies an employee to include a person who:
– performs work for an employer for salaries
– products services to a company for earnings
– receives training from an employer, if the ability they’re being trained on is an ability used by the employer’s staff members
– is a homeworker
– was an employee
On March 21, 2024, the meaning of “training” was broadened to consist of work carried out throughout a trial duration. A worker now includes a person who carries out work throughout a trial duration for a company, if the skills being assessed throughout the trial duration are abilities utilized by the company’s employees or might be utilized by employees if there are no other workers. This suggests the hours worked throughout the trial duration need to be counted as work time. Learn more about what counts as work time.
Deductions from incomes
The ESA restricts employers from making reductions from earnings when the employer had a money lack, employment lost property or had actually home taken and a person besides the staff member had access to the cash or property.
On March 21, 2024, the ESA was amended to validate that this includes reductions from incomes in “dine and rush”, “gas and dash” and other comparable scenarios.
Payment of incomes – direct deposit
The ESA requires employers to pay earnings by cash, cheque or direct deposit. If the salaries are paid by direct deposit, the account must remain in the worker’s name and nobody besides the staff member can have access to the account, unless the staff member has actually authorized it.
Effective June 21, 2024, an additional requirement will be in location if the employer desires to pay earnings by direct deposit: the account must be selected by the employee. This means the employee should choose which account to use and the company can not restrict a staff member’s area by, for example, requiring the staff member to utilize an account at a specific financial organization.
For employment payments that are to be made after June 20, 2024, a worker deserves to select the account where their incomes are to be deposited. If an employer previously restricted an employee’s account choice – for instance, by needing them to use an account at a specific banks – it is the employer’s obligation to confirm the employee’s choice of their desired account before they make the next payment after June 20, 2024. A staff member can likewise alert their company that they desire their earnings deposited to a different account and, when that takes place, the employer should make the change.
Vacation pay agreements
The ESA enables a company to pay holiday pay to an employee on every pay cheque as it accumulates or at any agreed-upon time, however just with the contract of the staff member. Find out more about when to pay holiday pay.
Effective June 21, 2024, the ESA is modified to clarify that the staff member should make an agreement with the employer in order for the company to be able to pay vacation pay on every pay cheque or at an agreed-upon time. This confirms that such agreements can not be spoken and should be made in composing (consisting of digitally), consistent with how the ministry enforces the ESA.
Tips or other gratuities – methods 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 cash or cheque, the staff member should be paid the pointers or other gratuities at the workplace or at some other place consented to electronically or in writing by the worker.
If payment is made by direct deposit, the account must be chosen by the employee and remain in the employee’s name. Nobody besides the worker can have access to the account, unless the employee has licensed it.
The requirement that the worker pick the account indicates the worker should decide which account to utilize, and the employer can not limit a worker’s choice 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, a staff member can select the account where their ideas are to be deposited. If an employer formerly restricted a staff member’s account choice – for example, by requiring them to utilize an account at a particular banks – it is the employer’s duty to confirm the worker’s selection of their preferred account before they make the next payment after June 20, 2024. An employee can also inform their company that they desire their suggestions deposited to a different account and, when that occurs, the employer must make the change.
Tips sharing policy
The ESA permits companies, in addition to directors and investors of a company, to share in pointers, if defined requirements are fulfilled.
Effective June 21, 2024, where an employer has a policy about the employer, or shareholder of the company, sharing in a tip pool, the company will be needed to publish a copy of that policy in a clearly noticeable place in the workplace where it is likely to come to the attention of staff members.
The requirement to post a policy does not need 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 a tip swimming pool that is consistently used (even if it’s not made a note of). If the employer has an unwritten but recognized, consistently-applied practice in place, the company needs to put the policy in composing and post a copy of the policy.
The ESA does not specify the information that needs to appear in the policy, as long as the posted file is a real copy of the policy that remains in place and plainly specifies that the company or a director or shareholder of the company shares in the idea swimming pool.
Effective, June 21, 2024, companies will likewise be required to keep a copy of every tips sharing policy that is required to be posted for 3 years after the policy stops being in result.
Job publishing requirements
On a date to be set by proclamation of the Lieutenant Governor, changes will come into force that establish new requirements for employers related to openly marketed task posts.
Temporary help firm and employer licensing
Beginning on July 1, 2024 under the Employment Standards Act, 2000 (ESA):
– Temporary aid companies are required to hold a licence to operate.Clients are restricted from intentionally engaging or using the services of a short-term aid company unless the firm holds a licence. (Learn more about the relationship in between momentary assistance agencies and customers.).
– Employers, prospective employers and other recruiters are restricted from intentionally engaging or using 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 rule that will apply.
On April 29, employment 2024, O. Reg. 99/23 – Licensing Temporary Help Agencies and Recruiters was changed. The modifications consist of:
– Adding a surety bond as a brand-new appropriate kind of security for all applicants,.
– exempting specific employers from the security requirement under defined conditions,.
– changing the application cost and security requirements for entities applying both for a temporary aid company and an employer licence.
The ministry’s licensing webpage has actually been updated to show these changes. Please check out that webpage for details.