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Under the Employment Standards Act, 2000 (ESA), employers can require a staff member to offer proof sensible in the situations that they are entitled to ill leave under the ESA.

Effective October 28, 2024, companies can not require workers to supply a certificate from a certified health practitioner (a medical note). A “certified health professional” is an individual who is certified to practice as a doctor, registered nurse or psychologist under the laws of the in which care or treatment is provided 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 dedicated an offence under the ESA. If founded guilty, a person could be subject to a fine or a regard to jail time or both.

As of October 28, 2024, the optimum 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) defines a worker to consist of an individual who:

– carries out work for an employer for wages

– supplies services to a company for wages

– gets training from a company, if the ability they’re being trained on is a skill used by the company’s workers

– is a homeworker

– was a staff member

On March 21, 2024, the meaning of “training” was broadened to include work carried out during a trial period. A worker now includes a person who carries out work during a trial duration for a company, if the skills being assessed during the trial period are skills used by the company’s employees or might be utilized by workers if there are no other workers. This implies the hours worked throughout the trial period must be counted as work time. Learn more about what counts as work time.

Deductions from earnings

The ESA restricts companies from making reductions from salaries when the employer had a money shortage, lost property or had actually home taken and a person besides the worker had access to the cash or property.

On March 21, employment 2024, the ESA was changed to validate that this consists of reductions from salaries in “dine and rush”, “gas and dash” and other similar situations.

Payment of incomes – direct deposit

The ESA requires companies to pay wages by cash, cheque or direct deposit. If the wages are paid by direct deposit, the account needs to be in the employee’s name and employment nobody besides the staff member can have access to the account, unless the employee has authorized it.

Effective June 21, 2024, an extra requirement will be in location if the company wishes to pay wages by direct deposit: the account must be picked by the employee. This suggests the staff member must choose which account to use and the employer can not restrict an employee’s area by, for 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 deserves to choose the account where their earnings are to be deposited. If an employer previously limited a staff member’s account choice – for example, employment by needing them to use an account at a specific banks – it is the company’s obligation to validate the employee’s choice of their preferred account before they make the next payment after June 20, 2024. An employee can also inform their employer that they desire their salaries transferred to a various account and, when that takes place, the company must make the modification.

Vacation pay agreements

The ESA enables an employer to pay getaway pay to an employee on every pay cheque as it collects or at any agreed-upon time, but only with the agreement of the worker. Discover more about when to pay trip pay.

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

Tips or other gratuities – techniques of payment

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

– cash

– cheque

– direct deposit

If payment is by cash or cheque, the employee should be paid the suggestions or other gratuities at the work environment or at some other place agreed to electronically or in composing by the employee.

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

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

For payments that are to be made after June 20, 2024, employment an employee can pick the account where their suggestions are to be transferred. If an employer formerly limited an employee’s account selection – for instance, by needing them to use an account at a specific financial institution – it is the employer’s responsibility to confirm the employee’s selection of their desired account before they make the next payment after June 20, 2024. A worker can likewise inform their employer that they want their suggestions transferred to a various account and, when that takes place, the employer should make the change.

Tips sharing policy

The ESA permits employers, along with directors and shareholders of an employer, to share in ideas, if defined criteria are met.

Effective June 21, 2024, where an employer has a policy about the employer, director or shareholder of the company, sharing in a pointer pool, the company will be needed to publish 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 workers.

The requirement to post a policy does not require a company to establish a policy. It applies if a company has a written policy in place or if a company has a recognized practice of sharing in an idea swimming pool that is consistently applied (even if it’s not made a note of). 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 information that should appear in the policy, as long as the published document is a real copy of the policy that is in location and clearly states that the company or a director or shareholder of the employer shares in the tip swimming pool.

Effective, employment June 21, 2024, employers will also be needed to keep a copy of every suggestions sharing policy that is needed to be published 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 come into force that develop brand-new requirements for employment companies connected to publicly advertised job postings.

Temporary assistance firm and employer licensing

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

– Temporary assistance agencies are needed to hold a licence to operate.Clients are restricted from knowingly engaging or utilizing the services of a short-term assistance agency unless the firm holds a licence. (Learn more about the relationship in between momentary aid firms and clients.).

– Employers, prospective employers and other employers are forbidden 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 rule 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 brand-new appropriate form of security for all candidates,.

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

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

The ministry’s licensing website has been upgraded to reflect these modifications. Please check out that webpage for details.