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Under the Employment Standards Act, 2000 (ESA), companies can require an employee to supply proof sensible in the circumstances that they are entitled to ill leave under the ESA.
Effective October 28, 2024, employers can not need workers to offer a certificate from a qualified health professional (a medical note). A “competent health professional” is a person who is certified to practise as a doctor, registered nurse or psychologist under the laws of the jurisdiction in which care or treatment is offered to the worker.
ESA optimum fines
A prosecution might be started under Part III of the Provincial Offences Act where a person is believed to have dedicated an offense under the ESA. If founded guilty, a person might be subject to a fine or a regard to imprisonment or both.
As of October 28, 2024, the maximum fine for people founded guilty of contravening the ESA has actually increased to $100,000 (up from $50,000).
Definition of worker
The Employment Standards Act (ESA) specifies an employee to consist of a person who:
– performs work for a company for wages
– supplies services to a company for salaries
– gets training from a company, if the skill they’re being trained on is an ability used by the company’s staff members
– is a homeworker
– was a worker
On March 21, 2024, the meaning of “training” was broadened to consist of work carried out during a trial duration. A staff member now consists of a person who performs work during a trial duration for a company, if the abilities being assessed during the trial duration are skills utilized by the employer’s staff members or might be utilized by staff members if there are no other staff members. This indicates the hours worked during the trial period need to be counted as work time. Learn more about what counts as work time.
Deductions from salaries
The ESA forbids companies from making reductions from incomes when the company had a cash shortage, lost home or had actually property stolen and an individual besides the staff member had access to the cash or property.
On March 21, 2024, the ESA was modified to confirm that this includes deductions from salaries in “dine and dash”, “gas and dash” and other comparable situations.
Payment of earnings – direct deposit
The ESA requires employers to pay earnings by cash, cheque or direct deposit. If the wages are paid by direct deposit, the account needs to be in the worker’s name and nobody other than the employee can have access to the account, unless the staff member has actually authorized it.
Effective June 21, 2024, an extra requirement will be in place if the employer wants to pay earnings by direct deposit: the account needs to be chosen by the employee. This indicates the staff member needs to choose which account to use and the employer can not restrict a worker’s section by, employment for instance, requiring the employee to utilize an account at a specific banks.
For payments that are to be made after June 20, 2024, a worker deserves to pick the account where their incomes are to be transferred. If an employer previously limited an employee’s account choice – for example, employment by needing them to utilize an account at a specific banks – it is the employer’s responsibility to validate the staff member’s selection of their preferred account before they make the next payment after June 20, 2024. A staff member can also alert their employer that they desire their incomes transferred to a different account and, employment when that occurs, the employer should make the change.
Vacation pay arrangements
The ESA permits a company to pay vacation pay to a worker on every pay cheque as it collects or at any agreed-upon time, however only with the agreement of the employee. Learn more about when to pay trip pay.
Effective June 21, 2024, the ESA is modified to clarify that the worker must make a contract with the employer in order for the company to be able to pay holiday pay on every pay cheque or at an agreed-upon time. This verifies that such contracts can not be spoken and need to be made in writing (including electronically), consistent with how the ministry enforces the ESA.
Tips or other gratuities – approaches of payment
Beginning June 21, 2024, companies will be needed to pay ideas or other gratuities by either:
– money
– cheque
– direct deposit
If payment is by money or cheque, the employee must be paid the ideas or other gratuities at the workplace or at some other place accepted electronically or in writing by the staff member.
If payment is made by direct deposit, the account must be selected by the worker and be in the worker’s name. Nobody other than the employee can have access to the account, unless the worker has authorized it.
The requirement that the employee pick the account suggests the employee must decide which account to use, and the company can not limit a worker’s selection by, for instance, needing the staff member to utilize an account at a particular banks.
For payments that are to be made after June 20, 2024, a worker has the right to pick the account where their suggestions are to be transferred. If a company previously restricted a worker’s account selection – for instance, by requiring them to utilize an account at a particular banks – it is the employer’s obligation to verify the worker’s choice of their desired account before they make the next payment after June 20, 2024. An employee can likewise inform their employer that they desire their ideas deposited to a different account and, when that happens, the employer needs to make the modification.
Tips sharing policy
The ESA allows employers, as well as directors and shareholders of a company, to share in pointers, if defined requirements are satisfied.
Effective June 21, 2024, where a company has a policy about the company, director or investor of the company, sharing in a pointer pool, the employer will be required to publish a copy of that policy in a clearly visible place in the office where it is most likely to come to the attention of workers.
The requirement to post a policy does not need an employer to a policy. It applies if an employer has a written policy in location or if a company has an established practice of sharing in a tip swimming pool that is regularly used (even if it’s not documented). If the company has an unwritten but recognized, consistently-applied practice in location, the company should put the policy in writing and post a copy of the policy.
The ESA does not specify the information that should appear in the policy, as long as the published document is a true copy of the policy that remains in place and plainly states that the employer or a director or investor of the company shares in the tip pool.
Effective, June 21, 2024, companies will also 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 effect.
Job publishing requirements
On a date to be set by pronouncement of the Lieutenant Governor, changes will enter into force that develop new requirements for companies associated with publicly marketed job posts.
Temporary help firm and recruiter licensing
Beginning on July 1, 2024 under the Employment Standards Act, 2000 (ESA):
– Temporary assistance companies are required to hold a licence to operate.Clients are forbidden from intentionally engaging or employment utilizing the services of a short-term assistance firm unless the company holds a licence. (Find out more about the relationship between short-lived help firms and customers.).
– Employers, potential companies and other recruiters are forbidden from intentionally engaging or utilizing 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 guideline that will use.
On April 29, 2024, O. Reg. 99/23 – Licensing Temporary Help Agencies and Recruiters was changed. The changes consist of:
– Adding a surety bond as a new appropriate type of security for all candidates,.
– excusing certain recruiters from the security requirement under specified conditions,.
– changing the application charge and security requirements for entities using both for a short-term assistance firm and an employer licence.
The ministry’s licensing web page has actually been updated to show these modifications. Please go to that webpage for information.
