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Under the Employment Standards Act, 2000 (ESA), employers can require a staff member to supply proof sensible in the scenarios that they are entitled to authorized leave under the ESA.

Effective October 28, 2024, companies can not require staff members to provide a certificate from a competent health practitioner (a medical note). A “qualified health professional” is a person who is qualified to practice as a doctor, registered nurse or psychologist under the laws of the jurisdiction in which care or treatment is provided to the employee.

ESA maximum fines

A prosecution may be commenced 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 regard to jail time or both.

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

Definition of employee

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

– performs work for an employer for salaries

– materials services to a company for earnings

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

– is a homeworker

– was a staff member

On March 21, 2024, the significance of “training” was expanded to consist of work carried out during a trial period. An employee now consists of an individual who carries out work during a trial duration for an employer, if the skills being evaluated throughout the trial duration are abilities utilized by the company’s workers or could be utilized by workers if there are no other staff members. This suggests the hours worked throughout the trial duration need to be as work time. Learn more about what counts as work time.

Deductions from wages

The ESA prohibits employers from making reductions from earnings when the company had a money shortage, lost property or had property stolen and an individual other than the staff member had access to the cash or property.

On March 21, 2024, the ESA was amended to confirm that this includes deductions from salaries in “dine and dash”, “gas and dash” and other comparable scenarios.

Payment of salaries – direct deposit

The ESA requires companies to pay earnings by money, cheque or direct deposit. If the wages are paid by direct deposit, the account must be in the employee’s name and no one besides the employee can have access to the account, unless the employee has authorized it.

Effective June 21, 2024, an extra requirement will remain in location if the employer desires to pay salaries by direct deposit: the account must be picked by the employee. This indicates the staff member should decide which account to use and the employer can not limit a worker’s section by, for instance, needing the worker to utilize an account at a specific financial organization.

For payments that are to be made after June 20, 2024, a staff member deserves to pick the account where their incomes are to be deposited. If a company formerly limited a worker’s account choice – for instance, by requiring them to use an account at a particular financial institution – it is the employer’s obligation to validate the worker’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 want their salaries transferred to a various account and, when that occurs, the company must make the modification.

Vacation pay arrangements

The ESA enables a company to pay vacation 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 staff member. Find out more about when to pay holiday pay.

Effective June 21, 2024, the ESA is amended to clarify that the employee must 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 confirms that such agreements can not be spoken and need to be made in writing (including electronically), consistent with how the ministry implements the ESA.

Tips or other gratuities – methods of payment

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

– cash

– cheque

– direct deposit

If payment is by money or cheque, the staff member needs to be paid the suggestions or other gratuities at the office or at some other place accepted electronically or in composing by the employee.

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

The requirement that the worker pick the account suggests the worker must decide which account to use, and the employer can not limit a staff member’s selection by, employment for example, needing the employee to utilize an account at a particular financial institution.

For payments that are to be made after June 20, 2024, a staff member can choose the account where their ideas 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 particular monetary organization – it is the employer’s responsibility to verify the staff member’s choice of their preferred account before they make the next payment after June 20, 2024. An employee can likewise inform their employer that they desire their suggestions transferred to a various account and, when that takes place, the company should make the modification.

Tips sharing policy

The ESA allows companies, in addition to directors and employment investors of a company, to share in ideas, if defined requirements are fulfilled.

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

The requirement to post a policy does not require an employer to establish a policy. It uses if a company has a written policy in location or if a company has a recognized practice of sharing in an idea pool that is regularly used (even if it’s not composed down). If the company has an unwritten however recognized, consistently-applied practice in place, the company should 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 posted file is a real copy of the policy that remains in location and clearly mentions that the company or a director or employment investor of the employer shares in the pointer swimming pool.

Effective, June 21, 2024, employers will also be required to keep a copy of every suggestions 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, changes will enter into force that develop brand-new requirements for companies associated with openly advertised task posts.

Temporary aid firm and employer licensing

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

– Temporary aid agencies are required to hold a licence to operate.Clients are forbidden from purposefully engaging or using the services of a momentary help company unless the firm holds a licence. (Find out more about the relationship in between short-term help agencies and customers.).

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

Where applications are made before July 1, employment 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 form of security for all applicants,.

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

– changing the application fee and security requirements for entities applying both for a short-lived assistance company and an employer licence.

The ministry’s licensing web page has been upgraded to show these changes. Please check out that web page for information.