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Under the Employment Standards Act, 2000 (ESA), companies can need a worker to supply evidence reasonable in the situations that they are entitled to authorized leave under the ESA.
Effective October 28, 2024, employers can not need staff members to offer a certificate from a competent health specialist (a medical note). A „certified health specialist“ is a person who is certified to practice as a doctor, registered nurse or psychologist under the laws of the jurisdiction in which care or treatment is offered to the staff member.
ESA optimum fines
A prosecution might be begun under Part III of the Provincial Offences Act where an individual is believed to have dedicated an offense under the ESA. If founded guilty, a person might be based on a fine or a regard to jail time or both.
As of October 28, 2024, the maximum fine for people convicted of contravening the ESA has actually increased to $100,000 (up from $50,000).
Definition of employee
The Employment Standards Act (ESA) specifies a worker to consist of a person who:
– performs work for an employer for wages
– products services to an employer for incomes
– gets training from an employer, if the skill they’re being trained on is an ability used by the employer’s staff members
– is a homeworker
– was an employee
On March 21, 2024, the significance of „training“ was broadened to of work carried out throughout a trial duration. A worker now includes an individual who carries out work during a trial duration for an employer, if the skills being assessed during the trial duration are abilities utilized by the employer’s workers or could be used by workers if there are no other staff members. This implies the hours worked during the trial duration must be counted as work time. Discover more about what counts as work time.
Deductions from earnings
The ESA forbids employers from making reductions from earnings when the employer had a cash shortage, lost residential or commercial property or had residential or commercial property taken and an individual aside from the worker had access to the cash or property.
On March 21, 2024, the ESA was changed to verify that this includes reductions from wages in „dine and dash“, „gas and dash“ and other similar scenarios.
Payment of earnings – direct deposit
The ESA needs companies to pay salaries by cash, cheque or direct deposit. If the earnings are paid by direct deposit, the account must be in the worker’s name and nobody other than the staff member can have access to the account, unless the staff member has actually authorized it.
Effective June 21, 2024, an additional requirement will be in location if the employer wants to pay earnings by direct deposit: the account needs to be selected by the worker. This implies the worker must decide which account to utilize and the company can not limit an employee’s section by, for instance, requiring the employee to use an account at a particular banks.
For payments that are to be made after June 20, 2024, a staff member deserves to pick the account where their earnings are to be deposited. If an employer previously restricted a staff member’s account selection – for instance, by needing them to utilize an account at a particular financial institution – it is the company’s responsibility to validate the employee’s selection of their desired account before they make the next payment after June 20, job 2024. An employee can also notify their company that they desire their wages deposited to a various account and, when that happens, the employer must make the modification.
Vacation pay arrangements
The ESA enables an employer to pay vacation pay to a staff member on every pay cheque as it collects or at any agreed-upon time, however just with the arrangement of the staff member. Learn more about when to pay vacation pay.
Effective June 21, 2024, the ESA is amended to clarify that the employee must make a contract with the employer in order for the employer to be able to pay holiday pay on every pay cheque or at an agreed-upon time. This verifies that such arrangements can not be spoken and must be made in writing (consisting of electronically), constant with how the ministry imposes the ESA.
Tips or other gratuities – methods of payment
Beginning June 21, 2024, employers will be needed to pay ideas or other gratuities by either:
– cash
– cheque
– direct deposit
If payment is by money or cheque, the staff member must be paid the suggestions or other gratuities at the workplace or at some other place concurred to electronically or in writing by the staff member.
If payment is made by direct deposit, the account must be selected by the worker and be in the staff member’s name. Nobody besides the worker can have access to the account, unless the worker has actually authorized it.
The requirement that the worker select the account indicates the employee must choose which account to use, and job the company can not restrict a staff member’s selection by, for instance, requiring the worker to utilize an account at a particular financial institution.
For payments that are to be made after June 20, 2024, job a staff member can pick the account where their pointers are to be transferred. If an employer formerly limited a worker’s account choice – for example, by requiring them to use an account at a specific banks – it is the employer’s obligation to verify the employee’s choice of their preferred account before they make the next payment after June 20, 2024. A worker can likewise notify their employer that they want their tips deposited to a various account and, when that takes place, the employer must make the modification.
Tips sharing policy
The ESA allows employers, along with directors and shareholders of an employer, to share in suggestions, if specified criteria are fulfilled.
Effective June 21, 2024, where a company has a policy about the employer, director or shareholder of the company, sharing in a suggestion pool, job the employer will be needed to post a copy of that policy in a plainly visible location in the work environment where it is most likely to come to the attention of workers.
The requirement to publish a policy does not require a company to develop a policy. It applies if a company has a written policy in place or if a company has an established practice of sharing in an idea swimming pool that is consistently applied (even if it’s not made a note of). If the company has an unwritten but recognized, consistently-applied practice in location, the employer must put the policy in writing and post a copy of the policy.
The ESA does not define the information that must appear in the policy, as long as the posted file is a true copy of the policy that is in place and clearly mentions that the company or a director job or job shareholder of the employer shares in the tip swimming pool.
Effective, June 21, 2024, companies will also 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 result.
Job posting requirements
On a date to be set by pronouncement of the Lieutenant Governor, modifications will enter force that develop brand-new requirements for employers connected to publicly advertised job posts.
Temporary assistance agency and employer licensing
Beginning on July 1, 2024 under the Employment Standards Act, 2000 (ESA):
– Temporary help agencies are required to hold a licence to operate.Clients are forbidden from intentionally engaging or utilizing the services of a short-lived assistance company unless the company holds a licence. (Find out more about the relationship in between short-lived assistance agencies and customers.).
– Employers, prospective companies and other employers are restricted from knowingly engaging or 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 use.
On April 29, 2024, O. Reg. 99/23 – Licensing Temporary Help Agencies and Recruiters was amended. The modifications consist of:
– Adding a surety bond as a new acceptable kind of security for all candidates,.
– exempting particular recruiters from the security requirement under defined conditions,.
– altering the application fee and security requirements for entities using both for a short-term assistance agency and a recruiter licence.
The ministry’s licensing webpage has been updated to show these changes. Please check out that web page for information.
