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Under the Employment Standards Act, 2000 (ESA), companies can require a staff member to supply proof affordable in the scenarios that they are entitled to authorized leave under the ESA.

Effective October 28, 2024, companies can not require staff members to offer a certificate from a competent health specialist (a medical note). A “qualified health specialist” is an individual who is qualified 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 staff member.

ESA maximum fines

A prosecution may be begun under Part III of the Provincial Offences Act where a person is thought to have actually committed an offence under the ESA. If convicted, an individual might be based on a fine or a term of jail time or both.

As of October 28, 2024, the optimum 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 include an individual who:

– carries out work for an employer for wages

– products services to an employer for incomes

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

– is a homeworker

– was an employee

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

Deductions from salaries

The ESA prohibits employers from making deductions from wages when the company had a money shortage, lost property or had actually residential or commercial property taken and an individual aside from the employee had access to the money or property.

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

Payment of wages – direct deposit

The ESA requires employers to pay earnings by money, cheque or direct deposit. If the wages are paid by direct deposit, the account should remain in the staff member’s name and employment nobody aside from the staff member can have access to the account, unless the worker has actually licensed it.

Effective June 21, 2024, an additional requirement will be in place if the company desires to pay earnings by direct deposit: the account must be selected by the employee. This indicates the employee should choose which account to utilize and the company can not restrict a worker’s section by, for example, needing the worker to use an account at a particular banks.

For payments that are to be made after June 20, 2024, a staff member can choose the account where their salaries are to be deposited. If a company formerly restricted a staff member’s account choice – for employment 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 desired account before they make the next payment after June 20, 2024. A worker can likewise alert their employer that they want their earnings transferred to a various account and, when that occurs, the employer must make the change.

Vacation pay agreements

The ESA enables a company to pay vacation pay to a worker on every pay cheque as it builds up or at any agreed-upon time, but just with the arrangement of the employee. Find out more about when to pay vacation pay.

Effective June 21, 2024, the ESA is changed to clarify that the staff member needs to make a contract with the company in order for the company to be able to pay trip pay on every pay cheque or at an agreed-upon time. This verifies that such contracts can not be spoken and must be made in composing (including digitally), constant with how the ministry implements the ESA.

Tips or other gratuities – methods of payment

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

– cash

– cheque

– direct deposit

If payment is by money or cheque, the worker should be paid the tips or other gratuities at the office or at some other location agreed to digitally or employment in writing by the worker.

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

The requirement that the staff member select the account means the worker must choose which account to utilize, and the employer can not restrict a worker’s choice by, for example, needing the staff member to utilize an account at a specific banks.

For employment payments that are to be made after June 20, 2024, a staff member has the right to choose the account where their pointers are to be deposited. If a company formerly limited a staff member’s account choice – for instance, by requiring them to use an account at a particular banks – it is the company’s duty to confirm the employee’s selection of their desired 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 employer must make the change.

Tips sharing policy

The ESA enables employers, as well as directors and investors of a company, to share in tips, if specified requirements are satisfied.

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

The requirement to publish a policy does not need a company 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 an idea pool that is consistently applied (even if it’s not documented). If the company has an unwritten but recognized, consistently-applied practice in place, the company should put the policy in writing and publish a copy of the policy.

The ESA does not define the info that must appear in the policy, as long as the posted document is a true copy of the policy that is in place and clearly states that the company or a director or shareholder of the employer shares in the suggestion swimming pool.

Effective, June 21, 2024, companies will likewise be required to keep a copy of every ideas sharing policy that is required to be posted for three years after the policy stops being in effect.

Job posting requirements

On a date to be set by proclamation of the Lieutenant Governor, amendments will enter force that develop brand-new requirements for companies associated with publicly advertised job posts.

Temporary help firm and employer licensing

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

– Temporary assistance companies are needed to hold a licence to operate.Clients are prohibited from purposefully engaging or using the services of a momentary aid firm unless the company holds a licence. (Learn more about the relationship in between momentary assistance agencies and customers.).

– Employers, prospective companies and other employers are prohibited 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 decision is pending, there is a transitional rule that will apply.

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

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

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

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

The ministry’s licensing webpage has actually been upgraded to reflect these changes. Please go to that webpage for details.