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

Effective October 28, 2024, employers can not require staff members to offer a certificate from a qualified health practitioner (a medical note). A “qualified health professional” is an individual who is qualified to practice as a doctor, 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 might be started under Part III of the Provincial Offences Act where an individual is believed to have committed an offence under the ESA. If founded guilty, a person might be subject to a fine or a term of imprisonment or both.

Since 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) defines a worker to consist of an individual who:

– performs work for an employer for wages

– supplies services to a company for salaries

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

– is a homeworker

– was a worker

On March 21, 2024, the significance of “training” was expanded to consist of work carried out throughout a trial duration. A staff member now consists of a person who carries out work during a trial period for an employer, if the skills being assessed throughout the trial period are abilities utilized by the company’s staff members or might be used by staff members if there are no other employees. This suggests the hours worked during the trial duration should be counted as work time. Learn more about what counts as work time.

Deductions from earnings

The ESA restricts companies from making deductions from wages when the employer had a cash scarcity, lost residential or commercial property or had property stolen and an individual other than the worker had access to the cash or property.

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

Payment of salaries – direct deposit

The ESA requires companies to pay incomes by cash, cheque or direct deposit. If the salaries are paid by direct deposit, the account needs to remain in the staff member’s name and no one besides the worker can have access to the account, unless the worker has actually licensed it.

Effective June 21, 2024, an extra requirement will remain in place if the employer wishes to pay wages by direct deposit: the account should be chosen by the employee. This means the employee needs to decide which account to use and the company can not restrict a staff member’s section by, for instance, needing the employee to utilize an account at a specific banks.

For payments that are to be made after June 20, 2024, a worker can select the account where their earnings are to be transferred. If an employer previously limited a worker’s account choice – for instance, by needing them to use an account at a particular financial institution – it is the employer’s obligation to validate the employee’s selection of their wanted account before they make the next payment after June 20, 2024. An employee can likewise inform their employer that they want their earnings deposited to a various account and, when that takes place, the company needs to make the change.

Vacation pay arrangements

The ESA enables an employer to pay getaway pay to a worker on every pay cheque as it collects or at any agreed-upon time, but only with the agreement of the worker. Discover more about when to pay getaway pay.

Effective June 21, 2024, the ESA is modified to clarify that the employee must make an agreement with the employer in order for the employer to be able to pay getaway pay on every pay cheque or at an agreed-upon time. This confirms that such agreements can not be verbal and should be made in composing (consisting of digitally), constant with how the ministry enforces the ESA.

Tips or other gratuities – approaches of payment

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

– money

– cheque

– direct deposit

If payment is by cash or cheque, the worker needs to be paid the suggestions or other gratuities at the office or at some other place concurred to digitally or in composing by the worker.

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

The requirement that the staff member pick the account means the worker needs to choose which account to utilize, and the employer can not limit a worker’s selection by, for instance, needing the employee to utilize an account at a particular banks.

For payments that are to be made after June 20, 2024, a worker can choose the account where their ideas are to be deposited. If a company previously limited a staff member’s account choice – for instance, by requiring them to use an at a specific banks – it is the company’s obligation to verify the worker’s choice of their wanted account before they make the next payment after June 20, 2024. An employee can also inform their company that they desire their ideas transferred to a different account and, when that occurs, the employer should make the change.

Tips sharing policy

The ESA allows employers, as well as directors and investors of a company, to share in ideas, if defined requirements are satisfied.

Effective June 21, 2024, where a company has a policy about the employer, director or investor of the company, sharing in a suggestion pool, the company will be required to publish 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 employees.

The requirement to publish a policy does not need a company to develop a policy. It uses if an employer has a written policy in place or if a company has a recognized practice of sharing in a tip swimming pool that is consistently used (even if it’s not made a note of). If the company has an unwritten but established, consistently-applied practice in place, the employer needs to put the policy in writing and publish a copy of the policy.

The ESA does not define the details that should appear in the policy, as long as the published file is a real copy of the policy that is in location and clearly mentions that the company or a director or employment investor of the employer shares in the idea pool.

Effective, June 21, 2024, employers will likewise be needed to keep a copy of every pointers sharing policy that is needed to be published for three years after the policy stops being in impact.

Job publishing requirements

On a date to be set by proclamation of the Lieutenant Governor, employment modifications will come into force that establish new requirements for companies related to openly advertised job postings.

Temporary help firm and recruiter 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 prohibited from knowingly engaging or using the services of a temporary aid agency unless the agency holds a licence. (Find out more about the relationship in between short-term aid agencies and clients.).

– Employers, potential companies and other recruiters are forbidden 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, employment 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 modifications include:

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

– exempting particular recruiters from the security requirement under defined conditions,.

– changing the application fee and security requirements for entities using both for a momentary aid company and a recruiter licence.

The ministry’s licensing web page has been upgraded to reflect these modifications. Please check out that website for details.