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

Effective October 28, 2024, companies can not require staff members to supply a certificate from a qualified health professional (a medical note). A “certified health professional” is an individual 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 provided to the employee.

ESA maximum fines

A prosecution may be commenced under Part III of the Provincial Offences Act where an individual is thought to have actually dedicated an offence under the ESA. If convicted, an individual might be subject to a fine or a term of imprisonment or both.

As of 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 employee

The Employment Standards Act (ESA) specifies an employee to consist of an individual who:

– performs work for an employer for earnings

– products services to a company for salaries

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

– is a homeworker

– was a worker

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

Deductions from wages

The ESA prohibits employers from making deductions from earnings when the employer had a money scarcity, lost property or had home stolen and an individual other than the worker had access to the cash or home.

On March 21, 2024, the ESA was amended to verify that this consists of deductions from earnings in “dine and dash”, “gas and dash” and other similar scenarios.

Payment of incomes – direct deposit

The ESA needs employers to pay incomes by money, cheque or direct deposit. If the incomes are paid by direct deposit, the account must be in the worker’s name and employment nobody besides the worker 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 wishes to pay salaries by direct deposit: the account should be chosen by the employee. This suggests the employee needs to decide which account to use and the company can not limit a worker’s area by, for instance, needing the staff member to utilize an account at a specific banks.

For payments that are to be made after June 20, 2024, an employee deserves to choose the account where their salaries are to be transferred. If an employer formerly restricted a worker’s account selection – for instance, employment by needing them to use an account at a specific banks – it is the employer’s duty to verify the staff member’s selection of their preferred account before they make the next payment after June 20, 2024. An employee can likewise notify their company that they desire their incomes transferred to a different account and, when that takes place, the company needs to make the change.

Vacation pay contracts

The ESA enables a company to pay getaway pay to a staff member on every pay cheque as it collects or at any agreed-upon time, employment but only with the agreement 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 needs to make an arrangement 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 spoken and should be made in writing (including digitally), constant with how the ministry enforces the ESA.

Tips or other gratuities – techniques 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 money or cheque, the employee must be paid the ideas or other gratuities at the work environment or at some other location accepted digitally or in writing by the employee.

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

The requirement that the staff member choose the account suggests the employee should choose which account to utilize, and the employer can not limit an employee’s choice by, for instance, needing the worker to utilize an account at a specific monetary institution.

For payments that are to be made after June 20, 2024, a worker deserves to pick the account where their pointers are to be deposited. If a company previously limited an employee’s account selection – for example, by requiring them to utilize an account at a specific financial organization – it is the employer’s obligation to confirm the employee’s selection of their desired account before they make the next payment after June 20, 2024. An employee can also notify their employer that they desire their tips transferred to a various account and, when that happens, employment the company must make the modification.

Tips sharing policy

The ESA enables companies, as well as directors and investors of a company, to share in pointers, employment if defined requirements are met.

Effective June 21, 2024, where a company has a policy about the employer, director or shareholder of the employer, sharing in a pointer swimming pool, the employer will be needed to publish a copy of that policy in a plainly noticeable location in the workplace where it is likely to come to the attention of staff members.

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

The ESA does not specify the information that needs to appear in the policy, as long as the posted file is a real copy of the policy that is in location and plainly mentions that the company or a director or shareholder of the company shares in the tip swimming pool.

Effective, June 21, 2024, companies will also be needed to keep a copy of every suggestions sharing policy that is required 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, modifications will enter force that develop new requirements for employers associated with openly marketed job posts.

Temporary help company and recruiter licensing

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

– Temporary assistance companies are needed to hold a licence to operate.Clients are prohibited from purposefully engaging or utilizing the services of a short-lived help agency unless the company holds a licence. (Learn more about the relationship between temporary aid companies and clients.).

– Employers, potential employers and employment other employers are restricted from knowingly 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 use.

On April 29, 2024, O. Reg. 99/23 – Licensing Temporary Help Agencies and Recruiters was modified. The modifications consist of:

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

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

– changing the application charge and security requirements for entities applying both for a momentary assistance company and an employer licence.

The licensing webpage has actually been upgraded to reflect these modifications. Please go to that web page for information.