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

Effective October 28, 2024, employers can not need staff members to provide a certificate from a competent health practitioner (a medical note). A “competent health practitioner” is an individual who is certified to practice as a doctor, signed up nurse or 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 started under Part III of the Provincial Offences Act where a person is believed to have actually devoted an offence under the ESA. If founded guilty, an individual could be based on a fine or a regard to jail time or both.

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

Definition of worker

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

– carries out work for an employer for salaries

– supplies services to an employer for salaries

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

– is a homeworker

– was an employee

On March 21, 2024, the significance of “training” was broadened to consist of work performed during a trial duration. A worker now consists of a person who performs work during a trial duration for an employer, if the skills being examined during the trial period are abilities used by the company’s workers or might be utilized by employees if there are no other staff members. This indicates the hours worked during the trial period should be counted as work time. Learn more about what counts as work time.

Deductions from earnings

The ESA prohibits companies from making deductions from salaries when the company had a cash scarcity, lost residential or commercial property or had property stolen and a person aside from the employee had access to the money or home.

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

Payment of earnings – direct deposit

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

Effective June 21, 2024, an additional requirement will be in location if the employer wants to pay wages by direct deposit: the account must be chosen by the worker. This indicates the worker should choose which account to use and the company can not limit an employee’s area by, for example, requiring the worker to utilize an account at a specific monetary organization.

For payments that are to be made after June 20, 2024, a worker can pick the account where their earnings are to be transferred. If an employer previously restricted a worker’s account choice – for instance, job by requiring them to use an account at a specific banks – it is the company’s obligation to confirm the employee’s choice of their desired account before they make the next payment after June 20, 2024. An employee can likewise inform their company that they want their earnings deposited to a various account and, job when that happens, the employer should make the change.

Vacation pay agreements

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

Effective June 21, 2024, the ESA is modified to clarify that the staff member should make a contract with the company in order for the employer to be able to pay trip pay on every pay cheque or at an agreed-upon time. This verifies that such contracts can not be verbal and must be made in composing (consisting of digitally), constant with how the ministry implements the ESA.

Tips or other gratuities – methods 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 cash or cheque, the employee needs to be paid the pointers or other gratuities at the office or at some other place concurred to digitally or in writing by the employee.

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

The requirement that the worker select the account means the staff member needs to choose which account to use, and the company can not limit an employee’s selection by, for job instance, requiring the employee to use an account at a specific banks.

For payments that are to be made after June 20, 2024, a to select the account where their suggestions are to be deposited. If a company previously restricted a staff member’s account selection – for instance, by needing them to utilize an account at a specific monetary institution – it is the company’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 alert their employer that they want their ideas deposited to a various account and, when that occurs, the employer needs to make the change.

Tips sharing policy

The ESA allows companies, along with directors and shareholders of a company, to share in pointers, if specified criteria are fulfilled.

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

The requirement to post a policy does not require an employer to establish a policy. It uses if an employer has a written policy in location or if a company has a recognized practice of sharing in a pointer pool that is regularly used (even if it’s not documented). If the company has an unwritten but established, consistently-applied practice in location, the company needs to put the policy in writing and post a copy of the policy.

The ESA does not define the info that should appear in the policy, as long as the published document is a true copy of the policy that is in location and plainly mentions that the employer or a director or investor of the company shares in the tip pool.

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

Job posting requirements

On a date to be set by proclamation of the Lieutenant Governor, amendments will come into force that establish new requirements for job companies connected to publicly advertised job postings.

Temporary aid firm and employer licensing

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

– Temporary help agencies are required to hold a licence to operate.Clients are prohibited from purposefully engaging or utilizing the services of a short-term help agency unless the company holds a licence. (Learn more about the relationship between momentary assistance companies and customers.).

– Employers, potential companies 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 modifications consist of:

– Adding a surety bond as a new acceptable kind of security for all candidates,.

– excusing certain recruiters from the security requirement under specified conditions,.

– changing the application charge and security requirements for entities applying both for a temporary assistance agency and job a recruiter licence.

The ministry’s licensing webpage has been updated to reflect these changes. Please visit that web page for details.