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Under the Employment Standards Act, 2000 (ESA), companies can require a worker to provide evidence sensible in the scenarios that they are entitled to ill leave under the ESA.

Effective October 28, 2024, employers can not need staff members to supply a certificate from a qualified health specialist (a medical note). A „certified health professional“ is an individual who is qualified to practice as a doctor, signed up nurse or psychologist under the laws of the jurisdiction in which care or treatment is offered to the staff member.

ESA optimum fines

A prosecution might be started 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 regard to imprisonment or both.

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

Definition of employee

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

– carries out work for a company for wages

– products services to a company for incomes

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

– is a homeworker

– was an employee

On March 21, 2024, the meaning of „training“ was expanded to consist of work carried out throughout a trial period. A worker now consists of a person who performs work throughout a trial period for an employer, if the skills being evaluated throughout the trial period are skills utilized by the employer’s workers or could be used by employees if there are no other employees. This indicates the hours worked throughout the trial period must be counted as work time. Discover more about what counts as work time.

Deductions from earnings

The ESA forbids employers from making reductions from wages when the employer had a money lack, lost property or had residential or commercial property stolen and a person aside from the employee had access to the cash or property.

On March 21, 2024, the ESA was amended to verify that this includes reductions from incomes in „dine and rush“, „gas and dash“ and other similar situations.

Payment of incomes – direct deposit

The ESA needs companies to pay earnings by cash, cheque or direct deposit. If the earnings are paid by direct deposit, the account must remain in the staff member’s name and no one besides the employee can have access to the account, unless the employee has actually licensed it.

Effective June 21, 2024, an extra requirement will remain in location if the company desires to pay incomes by direct deposit: the account should be picked by the employee. This means the employee must decide which account to utilize and the employer can not limit a staff member’s section by, for employment example, requiring the worker to utilize an account at a specific banks.

For payments that are to be made after June 20, 2024, a worker has the right to pick the account where their salaries are to be transferred. If an employer previously restricted a staff member’s account selection – for example, by needing them to use an account at a particular banks – it is the company’s duty to verify the employee’s choice of their desired account before they make the next payment after June 20, 2024. A staff member can also alert their employer that they want their incomes transferred to a various account and, when that takes place, the company should make the change.

Vacation pay agreements

The ESA allows an employer to pay trip pay to a worker on every pay cheque as it collects or at any agreed-upon time, however only with the arrangement of the staff member. Learn more about when to pay vacation pay.

Effective June 21, 2024, the ESA is amended to clarify that the staff member should make an agreement with the employer in order for the employer to be able to pay getaway pay on every pay cheque or at an agreed-upon time. This verifies that such arrangements can not be spoken and should be made in composing (including digitally), constant with how the ministry implements the ESA.

Tips or other gratuities – approaches of payment

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

– cash

– cheque

– direct deposit

If payment is by money or cheque, the staff member should be paid the ideas or other gratuities at the office or at some other location accepted electronically or in writing by the staff member.

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

The requirement that the employee pick the account implies the employee must decide which account to utilize, and the company can not limit a worker’s choice by, for instance, needing the worker to utilize an account at a particular monetary organization.

For payments that are to be made after June 20, 2024, a staff member deserves to select the account where their pointers are to be deposited. If an employer previously limited a worker’s account selection – for instance, by needing them to utilize an account at a particular monetary institution – it is the employer’s obligation to verify the employee’s selection of their preferred account before they make the next payment after June 20, 2024. An employee can likewise alert their employer that they desire their ideas deposited to a various account and, when that happens, the company needs to make the modification.

Tips sharing policy

The ESA permits employers, as well as directors and shareholders of a company, to share in suggestions, if defined criteria are satisfied.

Effective June 21, 2024, where a company has a policy about the employer, director or shareholder of the employer, sharing in an idea swimming pool, the employer will be needed to publish a copy of that policy in a clearly visible place in the office where it is likely to come to the attention of employees.

The requirement to publish a policy does not require an employer to establish a policy. It applies if a company has a written policy in place or if an employer has an established practice of sharing in a tip pool that is regularly used (even if it’s not documented). If the company has an unwritten however recognized, consistently-applied practice in place, the company should put the policy in composing and post a copy of the policy.

The ESA does not define the info that needs to appear in the policy, as long as the published document is a real copy of the policy that remains in location and clearly states that the employer or a director or shareholder of the company shares in the idea 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 effect.

Job posting requirements

On a date to be set by proclamation of the Lieutenant Governor, modifications will come into force that develop new requirements for employers related to task postings.

Temporary assistance company and recruiter licensing

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

– Temporary aid agencies are needed to hold a licence to operate.Clients are restricted from purposefully engaging or utilizing the services of a momentary aid agency unless the agency holds a licence. (Find out more about the relationship in between short-term help agencies and customers.).

– Employers, potential companies and other employers are forbidden from purposefully engaging or using the services of any recruiter 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 amended. The modifications consist of:

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

– excusing particular employers from the security requirement under specified conditions,.

– altering the application charge and security requirements for entities using both for a momentary assistance firm and an employer licence.

The ministry’s licensing webpage has actually been updated to reflect these modifications. Please visit that webpage for details.