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

Effective October 28, 2024, companies can not need employees to offer a certificate from a certified 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 supplied to the staff member.

ESA maximum fines

A prosecution may be commenced under Part III of the Provincial Offences Act where an individual is thought to have actually devoted an offence under the ESA. If founded guilty, a person could be subject to a fine or a term of jail time or both.

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

Definition of worker

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

– performs work for an employer for earnings

– materials services to an employer for wages

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

– is a homeworker

– was a staff member

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

Deductions from salaries

The ESA restricts companies from making deductions from wages when the employer had a cash scarcity, lost property or had actually property stolen and an individual other than the staff member had access to the money or property.

On March 21, 2024, the ESA was changed to validate that this includes reductions from earnings in “dine and dash”, “gas and dash” and other similar scenarios.

Payment of salaries – direct deposit

The ESA requires employers to pay incomes by money, cheque or direct deposit. If the incomes are paid by direct deposit, the account needs to be in the worker’s name and employment nobody besides the worker can have access to the account, unless the worker has authorized it.

Effective June 21, 2024, an extra requirement will remain in place if the employer desires to pay salaries by direct deposit: the account needs to be chosen by the staff member. This implies the worker must choose which account to utilize and the employer can not limit a staff member’s area by, for example, needing the staff member to utilize an account at a particular banks.

For payments that are to be made after June 20, 2024, a staff member has the right to select the account where their earnings are to be deposited. If a company formerly restricted an employee’s account choice – for instance, by requiring them to utilize an account at a particular monetary organization – it is the company’s duty to verify the worker’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 wages transferred to a various account and, when that happens, the employer needs to make the change.

Vacation pay contracts

The ESA allows a company to pay vacation pay to an employee on every pay cheque as it collects or at any agreed-upon time, however just with the agreement of the worker. Discover more about when to pay trip pay.

Effective June 21, 2024, the ESA is modified to clarify that the employee should make an arrangement with the employer in order for the company to be able to pay holiday pay on every pay cheque or at an agreed-upon time. This validates that such arrangements can not be verbal and need to be made in composing (consisting of electronically), consistent with how the ministry imposes the ESA.

Tips or other gratuities – approaches of payment

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

– cash

– cheque

– direct deposit

If payment is by cash or cheque, the staff member must be paid the ideas or other gratuities at the workplace or at some other location concurred to electronically or in composing by the worker.

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

The requirement that the worker pick the account suggests the worker must decide which account to use, and the company can not restrict an employee’s selection by, for example, requiring the worker to use an account at a specific financial institution.

For payments that are to be made after June 20, 2024, a worker deserves to choose the account where their suggestions are to be deposited. If an employer previously restricted a worker’s account choice – for instance, by needing them to use an account at a particular financial organization – it is the company’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 company that they want their tips deposited to a various account and, when that happens, the company should make the change.

Tips sharing policy

The ESA enables employers, employment along with directors and investors of a company, to share in ideas, if defined requirements are met.

Effective June 21, 2024, where a company has a policy about the employer, director or investor of the company, sharing in a suggestion pool, the company will be needed to post a copy of that policy in a clearly noticeable location in the workplace 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 place or if a company has a recognized practice of sharing in a tip pool that is consistently used (even if it’s not jotted down). If the company has an unwritten however established, consistently-applied practice in location, employment the needs to put the policy in composing and post a copy of the policy.

The ESA does not specify the details that should appear in the policy, as long as the published document is a true copy of the policy that remains in place and clearly mentions that the employer or a director or shareholder of the company shares in the idea swimming pool.

Effective, employment June 21, 2024, companies will also be required to keep a copy of every suggestions sharing policy that is required to be published for three years after the policy stops being in result.

Job posting requirements

On a date to be set by proclamation of the Lieutenant Governor, modifications will come into force that establish new requirements for companies associated with openly marketed task postings.

Temporary assistance firm and employer licensing

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

– Temporary aid firms are needed to hold a licence to operate.Clients are forbidden from knowingly engaging or using the services of a temporary aid firm unless the agency holds a licence. (Learn more about the relationship in between short-term help agencies and customers.).

– Employers, prospective companies and other recruiters are prohibited from intentionally engaging or employment 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 rule that will apply.

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

– Adding a surety bond as a brand-new appropriate kind of security for all applicants,.

– exempting particular employers from the security requirement under defined conditions,.

– altering the application fee and employment security requirements for entities using both for a short-lived help firm and a recruiter licence.

The ministry’s licensing web page has been upgraded to show these changes. Please check out that website for information.