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Under the Employment Standards Act, 2000 (ESA), employers can require a worker to provide evidence sensible in the scenarios that they are entitled to sick leave under the ESA.

Effective October 28, 2024, employment employers can not need workers to offer a certificate from a qualified health professional (a medical note). A “certified health specialist” is an individual who is qualified to practice as a doctor, registered nurse or psychologist under the laws of the jurisdiction in which care or treatment is supplied to the staff member.

ESA optimum fines

A prosecution might be started 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, an individual could be subject to a fine or a term of imprisonment or both.

Since 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 worker

The Employment Standards Act (ESA) defines a worker to include an individual who:

– carries out work for a company for salaries

– products services to a company for salaries

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

– is a homeworker

– was a staff member

On March 21, 2024, the meaning of “training” was expanded to include work performed throughout a trial duration. A staff member now includes an individual who carries out work throughout a trial duration for an employer, if the abilities being examined during the trial period are abilities utilized by the company’s workers or could be utilized by staff members if there are no other workers. This indicates the hours worked throughout the trial period must be counted as work time. Find out more about what counts as work time.

Deductions from salaries

The ESA prohibits companies from making reductions from wages when the company had a cash lack, lost property or had actually home stolen and a person besides the staff member had access to the money or residential or commercial property.

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

Payment of earnings – direct deposit

The ESA requires companies to pay wages by cash, cheque or direct deposit. If the salaries are paid by direct deposit, the account should remain in the worker’s name and nobody aside from the employee can have access to the account, unless the worker has actually authorized it.

Effective June 21, 2024, an extra requirement will be in place if the employer wishes to pay salaries by direct deposit: the account should be picked by the worker. This implies the worker should decide which account to use and the employer can not restrict an employee’s section by, for instance, needing the staff member to use an account at a particular financial institution.

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

Vacation pay agreements

The ESA allows a company to pay vacation pay to a worker on every pay cheque as it collects or at any agreed-upon time, but only with the arrangement of the employee. Discover more about when to pay holiday pay.

Effective June 21, 2024, the ESA is modified to clarify that the employee needs to make an agreement with the employer in order for the employer to be able to pay holiday pay on every pay cheque or at an agreed-upon time. This confirms that such agreements can not be spoken and need to be made in writing (including digitally), consistent with how the ministry imposes the ESA.

Tips or other gratuities – techniques of payment

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

– cash

– cheque

– direct deposit

If payment is by money or employment cheque, the employee should be paid the ideas or other gratuities at the work environment or at some other place agreed to electronically or in writing by the worker.

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

The requirement that the worker select the account implies the employee should choose which account to use, and the employer can not limit a worker’s selection by, for example, needing the staff member to use an account at a specific banks.

For payments that are to be made after June 20, 2024, an employee can select the account where their suggestions are to be deposited. If an employer formerly limited a staff member’s account selection – for example, by needing them to use an account at a particular banks – it is the employer’s duty to validate the staff member’s choice of their wanted account before they make the next payment after June 20, 2024. A worker can likewise notify their employer that they desire their ideas transferred to a different account and, when that takes place, the company must make the change.

Tips sharing policy

The ESA permits companies, in addition to directors and investors of a company, to share in pointers, if specified criteria are met.

Effective June 21, 2024, where a company has a policy about the company, director or shareholder of the employer, sharing in an idea pool, the employer will be needed to publish a copy of that policy in a plainly noticeable place in the work environment where it is likely to come to the attention of staff members.

The requirement to post a policy does not need a company to develop 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 used (even if it’s not jotted down). If the employer has an unwritten but recognized, consistently-applied practice in location, the company needs to put the policy in composing and post a copy of the policy.

The ESA does not define the information that needs to appear in the policy, as long as the posted document is a real copy of the policy that remains in location and plainly mentions that the company or a director or shareholder of the company shares in the suggestion swimming pool.

Effective, June 21, 2024, companies will likewise be needed to keep a copy of every suggestions 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, amendments will enter into force that establish brand-new requirements for companies related to openly marketed job postings.

Temporary assistance firm 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 purposefully engaging or utilizing the services of a short-lived assistance firm unless the company holds a licence. (Find out more about the relationship in between short-lived assistance companies and customers.).

– Employers, potential companies and other employers are restricted from purposefully 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 Temporary Help Agencies and Recruiters was changed. The changes consist of:

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

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

– changing the application cost and security requirements for entities using both for a short-term aid company and an employer licence.

The ministry’s licensing web page has actually been updated to show these modifications. Please go to that website for details.