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

Effective October 28, job 2024, employers can not require employees to provide a certificate from a qualified health practitioner (a medical note). A “competent health specialist” is a person who is certified to practise as a physician, registered nurse or psychologist under the laws of the jurisdiction in which care or treatment is supplied to the worker.

ESA maximum fines

A prosecution may be started under Part III of the Provincial Offences Act where a person is thought to have actually committed an offense under the ESA. If founded guilty, an individual could be subject to a fine or a regard to imprisonment or both.

As of October 28, 2024, the optimum fine for people founded guilty of contravening the ESA has increased to $100,000 (up from $50,000).

Definition of staff member

The Employment Standards Act (ESA) specifies a worker to include a person who:

– carries out work for a company for salaries

– products services to a company for salaries

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

– is a homeworker

– was a staff member

On March 21, 2024, the significance of “training” was broadened to include work performed during a trial duration. A worker now consists of an individual who carries out work during a trial period for an employer, if the abilities being examined throughout the trial period are skills utilized by the employer’s workers or might be utilized by staff members if there are no other staff members. This suggests the hours worked throughout the trial duration should be counted as work time. Learn more about what counts as work time.

Deductions from salaries

The ESA forbids companies from making reductions from salaries when the employer had a cash shortage, lost property or had home taken and a person aside from the worker had access to the cash or residential or commercial property.

On March 21, 2024, the ESA was changed to validate that this includes reductions from salaries in “dine and rush”, “gas and dash” and other comparable circumstances.

Payment of salaries – direct deposit

The ESA needs companies to pay incomes by money, cheque or job direct deposit. If the incomes are paid by direct deposit, the must be in the staff member’s name and nobody other than the worker can have access to the account, unless the employee has actually authorized it.

Effective June 21, 2024, an extra requirement will remain in location if the employer desires to pay incomes by direct deposit: the account needs to be selected by the staff member. This means the worker should choose which account to use and the company can not limit a staff member’s section by, for example, requiring the employee to use an account at a specific monetary organization.

For payments that are to be made after June 20, 2024, an employee can pick the account where their incomes are to be deposited. If an employer previously restricted an employee’s account choice – for instance, by requiring them to utilize an account at a specific banks – it is the employer’s obligation to verify the worker’s selection of their desired account before they make the next payment after June 20, 2024. A staff member can likewise notify their company that they desire their wages deposited to a different account and, when that occurs, the company must make the modification.

Vacation pay agreements

The ESA allows a company to pay getaway pay to a worker on every pay cheque as it builds up or at any agreed-upon time, however only with the agreement of the worker. Discover more about when to pay holiday pay.

Effective June 21, 2024, the ESA is modified to clarify that the worker needs to make an agreement with the company 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 verbal and need to be made in writing (consisting of digitally), job consistent with how the ministry implements the ESA.

Tips or other gratuities – methods of payment

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

– cash

– cheque

– direct deposit

If payment is by cash or cheque, the employee must be paid the tips or other gratuities at the office or at some other location consented to electronically or in composing by the worker.

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

The requirement that the employee pick the account suggests the staff member needs to decide which account to use, and the employer can not limit an employee’s choice by, for instance, requiring the worker to utilize an account at a specific banks.

For payments that are to be made after June 20, 2024, job a worker can choose the account where their pointers are to be transferred. If a company formerly restricted a staff member’s account choice – for instance, by needing them to utilize an account at a particular monetary 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 also inform their company that they desire their tips transferred to a various account and, when that takes place, the company should make the change.

Tips sharing policy

The ESA enables companies, along with directors and investors of an employer, to share in ideas, if defined criteria are fulfilled.

Effective June 21, 2024, where a company 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 clearly visible place in the work environment where it is likely to come to the attention of employees.

The requirement to publish a policy does not require a company to establish a policy. It applies if an employer has a written policy in location or if an employer has an established practice of sharing in a suggestion swimming pool that is regularly applied (even if it’s not jotted down). If the employer has an unwritten but established, consistently-applied practice in location, the employer needs to put the policy in composing and publish a copy of the policy.

The ESA does not specify the info that must appear in the policy, as long as the published file is a real copy of the policy that is in location and plainly mentions that the company or a director or investor of the employer shares in the idea pool.

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

Job publishing requirements

On a date to be set by proclamation of the Lieutenant Governor, changes will enter into force that develop new requirements for employers related to publicly advertised task postings.

Temporary help company and recruiter licensing

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

– Temporary help firms are needed to hold a licence to operate.Clients are prohibited from purposefully engaging or utilizing the services of a momentary aid agency unless the company holds a licence. (Learn more about the relationship in between momentary aid firms and customers.).

– Employers, potential companies and other recruiters are forbidden from intentionally engaging or using the services of any employer 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 use.

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

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

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

– altering the application fee and security requirements for entities using both for a temporary help company and a recruiter licence.

The ministry’s licensing webpage has actually been updated to reflect these modifications. Please check out that web page for information.