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Under the Employment Standards Act, 2000 (ESA), employment companies can need an employee to offer evidence reasonable in the situations that they are entitled to ill leave under the ESA.

Effective October 28, 2024, employers can not require staff members to supply a certificate from a qualified health specialist (a medical note). A “competent 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 offered to the employee.

ESA optimum fines

A prosecution might be begun under Part III of the Provincial Offences Act where an individual is believed to have actually dedicated an offense under the ESA. If convicted, a person could be based on a fine or a term of imprisonment or both.

As of 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 staff member

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

– performs work for an employer for salaries

– supplies services to a company for salaries

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

– is a homeworker

– was an employee

On March 21, 2024, the significance of “training” was broadened to consist of work carried out during a trial period. A worker now includes a person who carries out work during a trial period for an employer, if the skills being examined throughout the trial period are skills used by the employer’s employees or could be used by staff members if there are no other staff members. This suggests the hours worked throughout the trial duration should be counted as work time. Learn more about what counts as work time.

Deductions from wages

The ESA restricts companies from making deductions from incomes when the company had a cash scarcity, lost residential or commercial property or had actually residential or commercial property taken and a person other than the staff member had access to the cash or residential or commercial property.

On March 21, 2024, the ESA was modified to verify that this includes deductions from earnings in “dine and dash”, “gas and dash” and other comparable situations.

Payment of incomes – 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 must remain in the employee’s name and no one besides the staff member can have access to the account, unless the employee has licensed it.

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

For payments that are to be made after June 20, 2024, a staff member deserves to pick the account where their wages are to be deposited. If a company 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 employer’s responsibility to validate the employee’s selection of their preferred account before they make the next payment after June 20, 2024. An employee can also inform their employer that they desire their earnings transferred to a different account and, when that happens, the employer must make the modification.

Vacation pay arrangements

The ESA enables a company to pay trip pay to an employee on every pay cheque as it collects or at any agreed-upon time, but just with the arrangement of the staff member. Learn more about when to pay vacation pay.

Effective June 21, 2024, the ESA is amended to that the staff member should make an arrangement with the employer in order for the employer to be able to pay getaway pay on every pay cheque or at an agreed-upon time. This validates that such agreements can not be spoken and must be made in composing (including 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 suggestions or other gratuities by either:

– cash

– cheque

– direct deposit

If payment is by money or cheque, the worker should be paid the tips or other gratuities at the workplace or at some other location accepted electronically or in writing by the staff member.

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

The requirement that the employee select the account indicates the staff member should choose which account to use, and the company can not restrict a staff member’s selection by, for instance, requiring the worker to use an account at a particular monetary organization.

For payments that are to be made after June 20, 2024, a worker deserves to choose the account where their suggestions are to be transferred. If an employer 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 obligation to validate the employee’s selection of their wanted account before they make the next payment after June 20, 2024. A worker can also inform their employer that they desire their ideas transferred to a different account and, when that takes place, the employer needs to make the modification.

Tips sharing policy

The ESA allows employers, in addition to directors and shareholders of a company, to share in tips, if specified requirements are met.

Effective June 21, 2024, where an employer has a policy about the company, director employment or shareholder of the employer, sharing in a pointer swimming pool, the employer will be required to publish a copy of that policy in a plainly visible place in the office where it is likely to come to the attention of employees.

The requirement to post a policy does not require a company to develop a policy. It uses if an employer has a written policy in place or if an employer has a recognized practice of sharing in a suggestion pool that is consistently applied (even if it’s not made a note of). If the employer has an unwritten however established, consistently-applied practice in place, the employer must put the policy in composing and publish a copy of the policy.

The ESA does not define the information that should appear in the policy, as long as the published file is a real copy of the policy that remains in place and clearly mentions that the company or a director or shareholder of the company shares in the pointer pool.

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

Job posting requirements

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

Temporary assistance company and employment employer 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 restricted from purposefully engaging or utilizing the services of a temporary assistance firm unless the company holds a licence. (Find out more about the relationship in between temporary aid firms and clients.).

– Employers, potential employers and other recruiters are restricted from purposefully engaging or utilizing 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 guideline that will apply.

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 new appropriate type of security for all applicants,.

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

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

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