Please Visit that website For Details

Under the Employment Standards Act, 2000 (ESA), companies can require an employee to offer proof reasonable in the circumstances that they are entitled to ill leave under the ESA.

Effective October 28, 2024, employment companies can not need staff members to supply a certificate from a competent health professional (a medical note). A “qualified health specialist” is a person who is qualified to practice as a physician, signed up nurse or psychologist under the laws of the jurisdiction in which care or treatment is offered to the employee.

ESA maximum fines

A prosecution may be started under Part III of the Provincial Offences Act where a person is believed to have dedicated an offence under the ESA. If founded guilty, an individual might be based on a fine or a regard to jail time or both.

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

Definition of worker

The Employment Standards Act (ESA) defines a staff member to include a person who:

– performs work for an employer for incomes

– supplies services to an employer for salaries

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

– is a homeworker

– was a staff member

On March 21, employment 2024, the significance of “training” was expanded to include work performed throughout a trial duration. A staff member now consists of a person who performs work during a trial period for an employer, if the skills being evaluated throughout the trial duration are abilities used by the company’s employees or could be utilized by employees if there are no other employees. This implies the hours worked throughout the trial period need to be counted as work time. Find out more about what counts as work time.

Deductions from salaries

The ESA prohibits companies from making deductions from salaries when the employer had a cash scarcity, lost residential or commercial property or had actually residential or commercial property stolen and a person aside from the worker had access to the cash or property.

On March 21, 2024, employment the ESA was amended to verify that this consists of deductions from salaries in “dine and dash”, “gas and dash” and other comparable situations.

Payment of incomes – direct deposit

The ESA requires companies to pay salaries by money, cheque or direct deposit. If the wages are paid by direct deposit, the account must be in the employee’s name and nobody besides the worker can have access to the account, unless the employee has it.

Effective June 21, 2024, an additional requirement will remain in location if the company wishes to pay salaries by direct deposit: the account must be picked by the employee. This implies the employee must choose which account to utilize and the employer can not restrict a staff member’s area by, for example, requiring the worker to use an account at a particular banks.

For payments that are to be made after June 20, 2024, a worker deserves to select the account where their salaries are to be transferred. If an employer previously limited an employee’s account selection – for example, by needing them to utilize an account at a particular monetary organization – it is the company’s obligation 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 likewise alert their company that they want their incomes deposited to a different account and, when that occurs, the employer should make the modification.

Vacation pay contracts

The ESA allows a company to pay trip pay to an employee on every pay cheque as it collects or at any agreed-upon time, but just with the arrangement of the staff member. Find out more about when to pay getaway pay.

Effective June 21, 2024, the ESA is changed to clarify that the worker needs to make an agreement with the company in order for the company to be able to pay getaway pay on every pay cheque or at an agreed-upon time. This verifies that such agreements can not be spoken and employment should be made in composing (including digitally), constant with how the ministry enforces 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:

– money

– cheque

– direct deposit

If payment is by money or cheque, the staff member needs to be paid the ideas or other gratuities at the work environment or employment at some other location concurred to electronically or in composing by the worker.

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

The requirement that the employee select the account suggests the staff member needs to decide which account to utilize, and the employer can not limit an employee’s choice by, for example, needing the worker to utilize an account at a particular monetary organization.

For payments that are to be made after June 20, 2024, a staff member can pick the account where their suggestions are to be transferred. If a company formerly limited an employee’s account choice – for instance, by requiring them to use an account at a specific monetary organization – it is the employer’s obligation to verify the staff member’s choice of their preferred account before they make the next payment after June 20, 2024. An employee can also inform their company that they want their ideas transferred to a different account and, when that takes place, the company needs to make the modification.

Tips sharing policy

The ESA allows companies, along with directors and investors of a company, to share in pointers, if defined requirements are fulfilled.

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

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

The ESA does not define the information that needs to appear in the policy, as long as the posted file is a true copy of the policy that remains in place and clearly states that the employer or a director or shareholder of the company shares in the pointer pool.

Effective, June 21, 2024, companies will also be required 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 proclamation of the Lieutenant Governor, employment amendments will enter force that establish brand-new requirements for employers connected to openly advertised job posts.

Temporary help company and employer licensing

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

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

– Employers, employment potential employers and other employers are forbidden from knowingly engaging or using 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 guideline that will apply.

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

– Adding a surety bond as a new acceptable type of security for all candidates,.

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

– altering the application fee and security requirements for entities using both for a short-term aid agency and a recruiter licence.

The ministry’s licensing website has been updated to reflect these changes. Please visit that webpage for information.