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Under the Employment Standards Act, 2000 (ESA), companies can need a worker to provide evidence reasonable in the scenarios that they are entitled to authorized leave under the ESA.

Effective October 28, 2024, employers can not require employees to offer a certificate from a competent health professional (a medical note). A „competent health specialist“ is a person who is qualified to practice as a physician, registered nurse or psychologist under the laws of the jurisdiction in which care or treatment is supplied to the employee.

ESA optimum fines

A prosecution may be commenced under Part III of the Provincial Offences Act where an individual is thought to have dedicated an offense under the ESA. If convicted, a person might be based on a fine or a regard to jail time or both.

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

Definition of employee

The Employment Standards Act (ESA) specifies a worker to consist of an individual who:

– carries out work for a company for incomes

– supplies services to a company for earnings

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

– is a homeworker

– was an employee

On March 21, 2024, the meaning of „training“ was broadened to consist of work carried out throughout a trial period. An employee now consists of a person who performs work during a trial duration for a company, if the abilities being examined during the trial duration are abilities utilized by the company’s staff members or could be utilized by staff members if there are no other workers. This implies the hours worked throughout the trial duration need to be counted as work time. Discover more about what counts as work time.

Deductions from incomes

The ESA forbids companies from making deductions from wages when the company had a money scarcity, lost property or had property taken and a person aside from the employee had access to the money or residential or commercial property.

On March 21, 2024, the ESA was amended to validate that this consists of reductions from incomes in „dine and dash“, „gas and dash“ and other similar situations.

Payment of incomes – direct deposit

The ESA requires companies to pay wages 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 no one aside from the worker can have access to the account, unless the employee has actually licensed it.

Effective June 21, 2024, an additional requirement will remain in location if the company wishes to pay wages by direct deposit: the account must be selected by the worker. This implies the worker should choose which account to use and the company can not limit a worker’s area by, for example, requiring the employee to utilize an account at a specific financial organization.

For payments that are to be made after June 20, 2024, employment a staff member has the right to choose the account where their wages are to be deposited. If a company formerly restricted an employee’s account choice – for instance, by needing them to utilize an account at a particular banks – it is the company’s responsibility to confirm the employee’s choice of their preferred account before they make the next payment after June 20, 2024. A worker can likewise notify their employer that they desire their earnings deposited to a various account and, when that takes place, the company should make the modification.

Vacation pay agreements

The ESA allows a company to pay trip pay to a staff member on every pay cheque as it collects or at any agreed-upon time, but just with the contract of the worker. Discover more about when to pay trip pay.

Effective June 21, 2024, the ESA is amended to clarify that the employee needs to make an agreement with the company in order for the company to be able to pay vacation pay on every pay cheque or employment at an agreed-upon time. This validates that such contracts can not be spoken and should be made in writing (consisting of electronically), constant with how the ministry imposes the ESA.

Tips or other gratuities – techniques of payment

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

– money

– cheque

– direct deposit

If payment is by money or cheque, the worker must be paid the ideas or other gratuities at the workplace or at some other place accepted digitally or in writing by the worker.

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

The requirement that the worker select the account implies the worker must decide which account to utilize, and the company can not restrict a staff member’s choice by, for instance, requiring the employee to use an account at a specific banks.

For payments that are to be made after June 20, 2024, an employee deserves to pick the account where their ideas are to be deposited. If an employer formerly restricted a staff member’s account choice – for example, by requiring them to use an account at a specific monetary organization – it is the company’s responsibility to confirm the staff member’s selection of their preferred 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 different account and, when that occurs, the employer should make the modification.

Tips sharing policy

The ESA allows companies, as well as directors and shareholders of an employer, to share in tips, if defined criteria are met.

Effective June 21, 2024, where an employer has a policy about the company, director or shareholder of the company, sharing in a tip pool, the company will be required to post a copy of that policy in a clearly visible location in the workplace where it is likely to come to the attention of workers.

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 place or if an employer has an established practice of sharing in an idea swimming pool that is consistently applied (even if it’s not documented). If the employer has an unwritten however established, consistently-applied practice in place, the company must put the policy in composing and post a copy of the policy.

The ESA does not specify the details that must appear in the policy, as long as the posted file is a true copy of the policy that remains in location and plainly specifies that the company or a director or employment shareholder of the company shares in the idea swimming pool.

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

Job posting requirements

On a date to be set by proclamation of the Lieutenant Governor, changes will come into force that establish new requirements for companies connected to openly marketed job posts.

Temporary help agency and employer licensing

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

– Temporary assistance firms are required to hold a licence to operate.Clients are restricted from purposefully engaging or employment utilizing the services of a momentary aid company unless the firm holds a licence. (Discover more about the relationship between short-lived assistance agencies and clients.).

– Employers, prospective companies and other employers are prohibited from knowingly engaging or using the services of any recruiter 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 apply.

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

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

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

– changing the application cost and security requirements for entities using both for a short-lived assistance agency and an employer licence.

The ministry’s licensing web page has actually been upgraded to show these changes. Please visit that website for details.