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Under the Employment Standards Act, 2000 (ESA), employers can require a worker to offer proof sensible in the situations that they are entitled to authorized leave under the ESA.

Effective October 28, 2024, employers can not need staff members to provide a certificate from a competent health specialist (a medical note). A “certified health specialist” is a person 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 offered to the staff member.

ESA maximum fines

A prosecution may be begun under Part III of the Provincial Offences Act where an individual is believed to have actually devoted an offense under the ESA. If founded guilty, employment a person might be subject to a fine or a term of jail time or both.

As of October 28, 2024, the maximum fine for individuals founded guilty 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 an employer for wages

– materials services to a company for incomes

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

– is a homeworker

– was a staff member

On March 21, 2024, the significance of “training” was expanded to consist of work performed throughout a trial duration. An employee now consists of a person who carries out work during a trial duration for an employer, if the abilities being examined throughout the trial period are skills utilized by the company’s workers or employment might be utilized by employees if there are no other employees. This indicates the hours worked throughout the trial duration need to be counted as work time. Find out more about what counts as work time.

Deductions from incomes

The ESA restricts employers from making deductions from wages when the company had a money shortage, lost home or had residential or commercial property taken and an individual besides the staff member had access to the cash or residential or employment commercial property.

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

Payment of wages – direct deposit

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

Effective June 21, 2024, an extra requirement will be in location if the employer wants to pay wages by direct deposit: the account must be chosen by the staff member. This implies the staff member should decide which account to utilize and the company can not restrict a staff member’s area by, for instance, needing the staff member to use an account at a specific banks.

For payments that are to be made after June 20, 2024, a staff member has the right to select the account where their wages are to be deposited. If a company previously restricted a staff member’s account choice – for example, by requiring them to utilize an account at a particular banks – it is the employer’s responsibility to verify the employee’s choice of their desired account before they make the next payment after June 20, 2024. A staff member can also inform their employer that they desire their salaries transferred to a various account and, when that occurs, the company needs to make the change.

Vacation pay contracts

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

Effective June 21, 2024, the ESA is changed to clarify that the employee must make an agreement with the employer in order for the company to be able to pay vacation pay on every pay cheque or at an agreed-upon time. This validates that such arrangements can not be spoken and need to be made in composing (including electronically), consistent with how the ministry imposes the ESA.

Tips or other gratuities – methods of payment

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

– cash

– cheque

– direct deposit

If payment is by money or cheque, the employee must be paid the suggestions or other gratuities at the office or at some other location accepted digitally or in composing by the staff member.

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

The requirement that the staff member select the account indicates the staff member needs to choose which account to utilize, and the company can not limit a worker’s choice by, for instance, needing the staff member to utilize an account at a specific banks.

For payments that are to be made after June 20, 2024, an employee deserves to choose the account where their pointers are to be deposited. If an employer previously limited a staff member’s account choice – for instance, by needing them to use an account at a specific banks – it is the company’s obligation to confirm the worker’s selection of their wanted account before they make the next payment after June 20, 2024. An employee can also notify their employer that they want their pointers transferred to a various account and, employment when that occurs, the company needs to make the modification.

Tips sharing policy

The ESA permits companies, as well as directors and shareholders of an employer, to share in ideas, if defined requirements are met.

Effective June 21, 2024, where an employer has a policy about the employer, director or shareholder of the employer, sharing in an idea pool, the employer will be needed to post a copy of that policy in a plainly visible location in the office where it is likely to come to the attention of staff members.

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

The ESA does not specify the info that should appear in the policy, as long as the published file is a true copy of the policy that is in location and plainly specifies that the company or a director or shareholder of the company shares in the suggestion pool.

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

Job publishing requirements

On a date to be set by proclamation of the Lieutenant Governor, employment modifications will enter into force that establish new requirements for companies related to publicly marketed task postings.

Temporary assistance firm and recruiter licensing

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

– Temporary aid firms are needed to hold a licence to operate.Clients are prohibited from intentionally engaging or utilizing the services of a short-lived help agency unless the firm holds a licence. (Learn more about the relationship in between temporary assistance firms and customers.).

– Employers, potential employers and other recruiters are restricted from knowingly engaging or using the services of any employer that does not hold a licence.

Where applications are made before July 1, 2024 and a choice is pending, there is a transitional rule that will use.

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

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

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

– altering the application charge and security requirements for entities applying both for a short-lived assistance agency and a recruiter licence.

The ministry’s licensing webpage has been updated to these changes. Please check out that website for details.