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Under the Employment Standards Act, 2000 (ESA), employers can require a worker to provide proof sensible in the situations that they are entitled to authorized leave under the ESA.
Effective October 28, 2024, employers can not need workers to provide a certificate from a qualified health professional (a medical note). A „competent health specialist“ is a person who is certified to practise as a doctor, signed up nurse or psychologist under the laws of the jurisdiction in which care or treatment is provided to the worker.
ESA maximum fines
A prosecution might be commenced under Part III of the Provincial Offences Act where a person is thought to have actually committed an offense under the ESA. If convicted, a person might be subject to a fine or a term of jail time or both.
Since October 28, 2024, the optimum fine for individuals convicted of contravening the ESA has increased to $100,000 (up from $50,000).
Definition of employee
The Employment Standards Act (ESA) specifies a worker to include a person who:
– performs work for a company for incomes
– products services to an employer for salaries
– gets training from an employer, if the ability they’re being trained on is an ability used by the company’s staff members
– is a homeworker
– was an employee
On March 21, 2024, the significance of „training“ was expanded to consist of work performed throughout a trial period. An employee now includes a person who carries out work during a trial period for an employer, if the skills being examined throughout the trial duration are abilities utilized by the company’s workers or employment might be utilized by staff members if there are no other staff members. This means 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 wages
The ESA forbids employers from making reductions from salaries when the company had a money lack, lost property or had actually residential or commercial property taken and a person aside from the employee had access to the money or residential or commercial property.
On March 21, 2024, the ESA was amended to confirm that this includes reductions from earnings in „dine and rush“, „gas and dash“ and other similar scenarios.
Payment of earnings – direct deposit
The ESA needs companies to pay wages by cash, cheque or direct deposit. If the salaries are paid by direct deposit, the account must remain in the worker’s name and nobody aside from the staff member can have access to the account, unless the staff member has licensed it.
Effective June 21, 2024, an additional requirement will be in place if the company desires to pay salaries by direct deposit: the account should be picked by the employee. This means the worker must choose which account to use and the company can not restrict an employee’s area by, for instance, requiring the staff member to use an account at a specific financial institution.
For payments that are to be made after June 20, 2024, a worker deserves to select the account where their earnings are to be deposited. If a company previously limited a worker’s account selection – for instance, by requiring them to utilize an account at a particular financial institution – it is the company’s obligation to confirm the worker’s selection of their preferred account before they make the next payment after June 20, 2024. A staff member can likewise notify their company that they want their incomes transferred to a different account and, when that takes place, the employer needs to make the modification.
Vacation pay contracts
The ESA allows an employer to pay vacation pay to a staff member on every pay cheque as it builds up or at any agreed-upon time, however just with the contract of the staff member. Learn more about when to pay getaway pay.
Effective June 21, 2024, the ESA is changed to clarify that the employee must make a contract with the company in order for the employer to be able to pay trip pay on every pay cheque or at an agreed-upon time. This verifies that such arrangements can not be verbal and must be made in writing (consisting of electronically), constant with how the ministry enforces the ESA.
Tips or other gratuities – approaches of payment
Beginning June 21, 2024, companies will be needed to pay pointers or other gratuities by either:
– money
– cheque
– direct deposit
If payment is by cash or cheque, the employee must be paid the tips or other gratuities at the work environment or at some other place accepted digitally or in writing by the staff member.
If payment is made by direct deposit, the account should be picked by the worker and be in the staff member’s name. Nobody aside from the employee can have access to the account, unless the staff member has licensed it.
The requirement that the staff member pick the account means the employee must choose which account to utilize, and employment the company can not restrict a staff member’s choice by, for instance, needing the staff member to utilize an account at a particular financial institution.
For payments that are to be made after June 20, 2024, a worker has the right to choose the account where their ideas are to be deposited. If an employer previously limited a staff member’s account choice – for example, by requiring them to utilize an account at a specific banks – it is the employer’s responsibility to validate the staff member’s selection of their preferred account before they make the next payment after June 20, 2024. A staff member can also alert their company that they desire their ideas transferred to a different account and, when that happens, the employer should make the change.
Tips sharing policy
The ESA permits employers, in addition to directors and investors of an employer, to share in pointers, if specified criteria are met.
Effective June 21, 2024, where a company has a policy about the employer, employment director or investor employment of the company, sharing in a suggestion swimming pool, the company will be needed to publish a copy of that policy in a plainly visible place 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 develop a policy. It uses if an employer has a written policy in location or if a company has an established practice of sharing in a tip swimming pool that is regularly used (even if it’s not written down). 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 details that must appear in the policy, as long as the posted document is a real copy of the policy that is in location and plainly mentions that the company or a director or investor of the company shares in the suggestion swimming pool.
Effective, June 21, 2024, employers will likewise be needed to keep a copy of every ideas sharing policy that is needed to be posted for employment 3 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 establish brand-new requirements for employers related to openly advertised task postings.
Temporary aid company and recruiter licensing
Beginning on July 1, 2024 under the Employment Standards Act, 2000 (ESA):
– Temporary help are needed to hold a licence to operate.Clients are restricted from intentionally engaging or using the services of a short-lived aid firm unless the firm holds a licence. (Learn more about the relationship between short-lived aid agencies and customers.).
– Employers, prospective companies and other recruiters are restricted from intentionally 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 guideline 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 certain recruiters from the security requirement under specified conditions,.
– altering the application charge and security requirements for entities applying both for a temporary help firm and an employer licence.
The ministry’s licensing webpage has been upgraded to show these modifications. Please go to that website for details.
