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Under the Employment Standards Act, 2000 (ESA), employers can need an employee to offer evidence sensible in the circumstances that they are entitled to authorized leave under the ESA.

Effective October 28, 2024, companies can not need employees to provide a certificate from a competent health specialist (a medical note). A “certified health professional” is a person 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 offered to the worker.

ESA optimum fines

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

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

Definition of worker

The Employment Standards Act (ESA) defines an employee to include a person who:

– carries out work for a company for salaries

– supplies services to an employer for earnings

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

– is a homeworker

– was an employee

On March 21, 2024, the significance of “training” was broadened to consist of work performed throughout a trial period. A staff member now consists of a person who carries out work during a trial period for a company, if the skills being evaluated during the trial period are skills used by the company’s workers or might be used by workers if there are no other workers. This implies the hours worked throughout the trial duration should be counted as work time. Discover more about what counts as work time.

Deductions from salaries

The ESA forbids employers from making reductions from incomes when the company had a cash shortage, lost residential or commercial property or had home taken and a person aside from the employee had access to the money or property.

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

Payment of wages – direct deposit

The ESA needs 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 aside from the employee can have access to the account, unless the employee has authorized it.

Effective June 21, 2024, an additional requirement will be in place if the employer wishes to pay salaries by direct deposit: the account should be selected by the employee. This implies the worker should decide which account to utilize and the company can not limit a staff member’s section by, for example, requiring the employee to utilize an account at a specific banks.

For payments that are to be made after June 20, 2024, a worker deserves to select the account where their incomes are to be transferred. If a company formerly limited an employee’s account choice – for example, by requiring them to use an account at a particular financial institution – it is the employer’s duty to confirm the staff member’s selection of their preferred account before they make the next payment after June 20, 2024. A worker can also inform their company that they want their wages deposited to a various account and, when that takes place, the employer should make the modification.

Vacation pay arrangements

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

Effective June 21, 2024, the ESA is changed to clarify that the employee needs to make an with the company in order for the employer to be able to pay vacation pay on every pay cheque or at an agreed-upon time. This validates that such arrangements can not be verbal and should be made in writing (including electronically), consistent with how the ministry enforces the ESA.

Tips or other gratuities – approaches of payment

Beginning June 21, referall.us 2024, companies 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 work environment or at some other place concurred to digitally or in composing by the employee.

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

The requirement that the worker pick the account implies the staff member must choose which account to utilize, and the employer can not restrict a staff member’s choice by, for instance, requiring the worker to utilize an account at a particular monetary institution.

For payments that are to be made after June 20, 2024, a worker can pick the account where their pointers are to be transferred. If a company previously restricted a staff member’s account choice – for instance, by requiring them to use an account at a particular financial institution – it is the employer’s responsibility to validate the staff member’s selection of their wanted account before they make the next payment after June 20, 2024. A staff member can also inform their company that they desire their suggestions transferred to a different account and, when that happens, the company should make the change.

Tips sharing policy

The ESA permits companies, along with directors and investors of an employer, to share in suggestions, if defined criteria are met.

Effective June 21, 2024, where a company has a policy about the employer, director or investor of the employer, sharing in an idea pool, the company will be required to publish a copy of that policy in a plainly noticeable place in the work environment where it is most likely to come to the attention of workers.

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

The ESA does not define the details that should appear in the policy, as long as the published file is a real copy of the policy that is in location and clearly states that the employer or a director or investor of the employer shares in the tip pool.

Effective, June 21, 2024, companies will likewise be required to keep a copy of every suggestions sharing policy that is required to be posted for three 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 force that develop new requirements for employers associated with openly advertised task postings.

Temporary help agency and recruiter licensing

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

– Temporary assistance agencies are required to hold a licence to operate.Clients are restricted from knowingly engaging or using the services of a momentary aid company unless the agency holds a licence. (Learn more about the relationship between momentary assistance companies and customers.).

– Employers, potential companies and other recruiters are prohibited from intentionally 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 apply.

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

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

– excusing certain employers from the security requirement under defined conditions,.

– altering the application fee and security requirements for entities using both for a momentary aid agency and an employer licence.

The ministry’s licensing webpage has actually been updated to show these modifications. Please go to that website for information.