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Under the Employment Standards Act, 2000 (ESA), employers can require an employee to offer evidence sensible in the situations 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 certified health specialist (a medical note). A “competent health professional” is a person who is qualified to practise as a doctor, registered nurse or psychologist under the laws of the jurisdiction in which care or treatment is supplied to the employee.

ESA optimum fines

A prosecution may be started under Part III of the Provincial Offences Act where a person is believed to have committed an offence under the ESA. If convicted, a person might be based on a fine or a term of imprisonment or both.

As of October 28, 2024, the maximum 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 an individual who:

– performs work for a company for earnings

– products services to an employer for wages

– gets training from an employer, if the ability they’re being trained on is an ability used by the employer’s workers

– is a homeworker

– was a worker

On March 21, 2024, the significance of “training” was broadened to consist of work performed during a trial duration. A worker now includes a person who performs work throughout a trial period for an employer, if the skills being evaluated during the trial period are abilities utilized by the employer’s staff members or could be utilized by employees if there are no other workers. This means the hours worked throughout the trial period should be counted as work time. Discover more about what counts as work time.

Deductions from earnings

The ESA restricts companies from making deductions from earnings when the employer had a cash scarcity, employment lost property or had home taken and a person aside from the staff member had access to the money or property.

On March 21, 2024, the ESA was amended to validate that this includes deductions from earnings in “dine and rush”, “gas and dash” and other comparable situations.

Payment of incomes – direct deposit

The ESA needs companies to pay earnings by money, cheque or direct deposit. If the earnings are paid by direct deposit, the account should be in the employee’s name and nobody aside from the worker can have access to the account, unless the worker has actually licensed it.

Effective June 21, 2024, an extra requirement will be in place if the company wishes to pay incomes by direct deposit: the account must be chosen by the staff member. This suggests the staff member needs to choose which account to use and the company can not limit an employee’s section by, for example, needing the staff member to utilize an account at a particular banks.

For payments that are to be made after June 20, 2024, an employee can pick the account where their wages are to be deposited. If an employer previously limited a staff member’s account choice – for instance, by requiring them to utilize an account at a particular banks – it is the company’s obligation to verify the worker’s choice of their preferred account before they make the next payment after June 20, 2024. A worker can also inform their employer that they desire their earnings deposited to a different account and, when that happens, the company should make the modification.

Vacation pay contracts

The ESA permits a company to pay getaway pay to an employee on every pay cheque as it accumulates or at any agreed-upon time, however only with the contract of the staff member. Learn more about when to pay holiday pay.

Effective June 21, employment 2024, the ESA is modified to clarify that the worker must make an agreement with the employer in order for the employer to be able to pay vacation 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 implements the ESA.

Tips or other gratuities – techniques of payment

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

– money

– cheque

– direct deposit

If is by cash or cheque, employment the worker needs to be paid the pointers or other gratuities at the office or at some other place accepted digitally or in composing by the staff member.

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

The requirement that the employee pick the account indicates the employee must decide which account to utilize, and the employer can not limit a worker’s selection by, for example, requiring the worker to use an account at a particular monetary organization.

For payments that are to be made after June 20, 2024, an employee has the right to pick the account where their ideas are to be transferred. If an employer formerly restricted a staff member’s account choice – for instance, by needing them to utilize an account at a specific monetary organization – it is the employer’s obligation to verify the staff member’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 desire their tips deposited to a various account and, when that happens, the company needs to make the change.

Tips sharing policy

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

Effective June 21, 2024, where an employer has a policy about the employer, director or investor of the employer, sharing in a tip pool, the employer will be needed to publish a copy of that policy in a clearly visible place 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 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 applied (even if it’s not written down). If the employer has an unwritten but recognized, consistently-applied practice in location, the company needs to put the policy in composing and publish a copy of the policy.

The ESA does not define the information that should appear in the policy, as long as the posted document is a real copy of the policy that is in location and plainly states that the employer or a director or investor of the employer shares in the pointer pool.

Effective, June 21, 2024, employers will also be required to keep a copy of every tips sharing policy that is required to be published for 3 years after the policy stops being in result.

Job publishing requirements

On a date to be set by pronouncement of the Lieutenant Governor, employment changes will enter into force that establish brand-new requirements for employers associated with openly advertised job posts.

Temporary assistance agency and recruiter licensing

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

– Temporary aid firms are required to hold a licence to operate.Clients are forbidden from intentionally engaging or using the services of a temporary aid company unless the agency holds a licence. (Discover more about the relationship in between short-lived assistance agencies and customers.).

– Employers, potential companies and other employers are prohibited 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 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 changes include:

– Adding a surety bond as a brand-new appropriate type of security for all applicants,.

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

– altering the application fee and security requirements for entities applying both for a short-term assistance company and an employer licence.

The ministry’s licensing webpage has actually been upgraded to show these modifications. Please visit that web page for details.