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

Effective October 28, 2024, employers can not need employees to supply a certificate from a certified health specialist (a medical note). A “competent health professional” is a person who is qualified to practice as a physician, signed up nurse or psychologist under the laws of the jurisdiction in which care or treatment is provided to the employee.

ESA optimum fines

A prosecution may be started under Part III of the Provincial Offences Act where an individual is thought to have committed an offence under the ESA. If convicted, an individual could be based on a fine or a term of jail time or both.

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

Definition of staff member

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

– carries out work for an employer for wages

– products services to an employer for wages

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

– is a homeworker

– was an employee

On March 21, 2024, the significance of “training” was expanded to consist of work performed throughout a trial duration. A worker now consists of an individual who performs work during a trial period for an employer, if the abilities being assessed throughout the trial duration are abilities used by the employer’s workers or might be used by workers if there are no other staff members. This means the hours worked during the trial duration need to be counted as work time. Find out more about what counts as work time.

Deductions from wages

The ESA restricts companies from making reductions from salaries when the company had a money lack, lost property or had actually home stolen and a person aside from the worker had access to the money or residential or commercial property.

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

Payment of wages – direct deposit

The ESA requires employers to pay wages by cash, cheque or direct deposit. If the incomes 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 actually it.

Effective June 21, 2024, an additional requirement will remain in place if the company desires to pay earnings by direct deposit: the account should be selected by the worker. This suggests the worker should choose which account to utilize and the company can not restrict an employee’s area by, for instance, needing the worker to use an account at a specific financial organization.

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

Vacation pay agreements

The ESA enables a company 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 arrangement of the staff member. Learn more about when to pay holiday pay.

Effective June 21, 2024, the ESA is amended to clarify that the employee should make a contract 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 should be made in composing (consisting of electronically), consistent with how the ministry implements the ESA.

Tips or other gratuities – approaches of payment

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

– money

– cheque

– direct deposit

If payment is by cash or cheque, the worker must be paid the tips or other gratuities at the workplace or at some other place agreed to electronically or in composing by the worker.

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

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

For payments that are to be made after June 20, 2024, a staff member deserves to pick the account where their ideas are to be transferred. If a company previously limited an employee’s account selection – for example, by needing them to utilize an account at a particular financial institution – it is the company’s responsibility to confirm the employee’s selection of their wanted account before they make the next payment after June 20, 2024. A worker can likewise notify their employer that they want their tips deposited to a different account and, when that happens, the employer should make the modification.

Tips sharing policy

The ESA enables employers, as well as directors and shareholders of a company, referall.us to share in suggestions, if specified criteria are fulfilled.

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

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

The ESA does not specify the details that must appear in the policy, as long as the posted document is a true copy of the policy that is in location and clearly specifies that the employer or a director or investor of the employer shares in the tip pool.

Effective, June 21, 2024, employers will also be required to keep a copy of every pointers 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 pronouncement of the Lieutenant Governor, amendments will enter into force that establish brand-new requirements for employers related to publicly advertised task postings.

Temporary aid company and employer licensing

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

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

– Employers, prospective companies and other employers are restricted from intentionally engaging or utilizing the services of any recruiter 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, 2024, O. Reg. 99/23 – Licensing Temporary Help Agencies and Recruiters was amended. The modifications include:

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

– exempting specific employers from the security requirement under specified conditions,.

– changing the application fee and security requirements for entities applying both for a short-lived aid firm and a recruiter licence.

The ministry’s licensing web page has been updated to show these changes. Please check out that web page for details.