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Under the Employment Standards Act, 2000 (ESA), companies can require a staff member to provide evidence affordable in the circumstances 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 competent health professional (a medical note). A “certified health practitioner” is an individual who is qualified to practice as a physician, employment signed up nurse or psychologist under the laws of the jurisdiction in which care or treatment is offered to the worker.

ESA maximum fines

A prosecution might be begun under Part III of the Provincial Offences Act where an individual is believed to have actually dedicated an offence under the ESA. If founded guilty, an individual might be based on a fine or a term of imprisonment or both.

As of October 28, 2024, the optimum fine for employment 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 staff member to include a person who:

– performs work for employment an employer for incomes

– products services to a company for incomes

– receives training from a company, if the skill they’re being trained on is a skill utilized by the company’s workers

– is a homeworker

– was a worker

On March 21, 2024, the significance of “training” was broadened to include work performed throughout a trial duration. An employee now consists of an individual who performs work during a trial period for an employer, if the abilities being evaluated throughout the trial duration are skills utilized by the company’s staff members or might be used by workers if there are no other workers. This indicates the hours worked during the trial period should be counted as work time. Learn more about what counts as work time.

Deductions from incomes

The ESA restricts companies from making deductions from wages when the company had a money shortage, lost home or had residential or commercial property stolen and an individual aside from the employee had access to the money or home.

On March 21, 2024, the ESA was changed to confirm that this of deductions from wages in “dine and dash”, “gas and dash” and other similar situations.

Payment of salaries – direct deposit

The ESA needs employers to pay salaries by money, cheque or direct deposit. If the wages are paid by direct deposit, the account needs to be in the worker’s name and no one besides the staff member can have access to the account, unless the worker has authorized it.

Effective June 21, 2024, an additional requirement will remain in place if the company wishes to pay salaries by direct deposit: the account needs to be picked by the staff member. This suggests the employee should decide which account to utilize and the company can not restrict a staff member’s area by, for example, requiring the worker 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 salaries are to be deposited. If an employer previously restricted a staff member’s account selection – for example, by needing them to utilize an account at a particular banks – it is the employer’s obligation to validate the worker’s choice of their preferred account before they make the next payment after June 20, 2024. A worker can likewise inform their employer that they want their wages deposited to a different account and, when that happens, the company must make the modification.

Vacation pay contracts

The ESA enables an employer to pay vacation pay to a staff member on every pay cheque as it builds up or at any agreed-upon time, employment however just with the agreement of the employee. Find out more about when to pay trip pay.

Effective June 21, 2024, the ESA is modified to clarify that the employee must make an arrangement with the company in order for the company to be able to pay trip pay on every pay cheque or employment at an agreed-upon time. This verifies that such contracts can not be verbal and need to be made in writing (including electronically), constant with how the ministry enforces the ESA.

Tips or other gratuities – approaches of payment

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

– money

– cheque

– direct deposit

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

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

The requirement that the staff member select the account implies the worker should choose which account to use, and the company can not restrict a worker’s selection by, for instance, needing the staff member to use an account at a specific banks.

For payments that are to be made after June 20, 2024, an employee has the right to select the account where their suggestions are to be transferred. If a company previously limited a worker’s account choice – for example, by needing them to use an account at a specific banks – it is the employer’s responsibility to verify the employee’s choice 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 various account and, when that takes place, the employer should make the change.

Tips sharing policy

The ESA enables companies, along with directors and shareholders of a company, to share in ideas, if specified criteria are fulfilled.

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

The requirement to publish a policy does not need an employer 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 made a note of). If the company has an unwritten however recognized, consistently-applied practice in place, the company must put the policy in writing and post a copy of the policy.

The ESA does not define the information that needs to appear in the policy, as long as the published file is a true copy of the policy that remains in place and plainly states that the company or a director or investor of the employer shares in the tip swimming pool.

Effective, employment June 21, 2024, employers will likewise be needed to keep a copy of every tips sharing policy that is needed 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, changes will enter into force that develop new requirements for employers connected to openly marketed job posts.

Temporary assistance company and recruiter 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 knowingly engaging or using the services of a short-term aid firm unless the company holds a licence. (Discover more about the relationship between short-lived help agencies and clients.).

– Employers, prospective companies and other employers are prohibited from purposefully engaging or utilizing the services of any employer that does not hold a licence.

Where applications are made before July 1, 2024 and a decision 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 modified. The modifications consist of:

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

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

– changing the application cost and security requirements for entities using both for a momentary aid company and a recruiter licence.

The ministry’s licensing website has actually been updated to show these changes. Please check out that website for information.