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

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

ESA optimum fines

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

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

Definition of employee

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

– performs work for an employer for earnings

– materials services to a company for incomes

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

– is a homeworker

– was a worker

On March 21, 2024, the significance of “training” was broadened to include work carried out throughout a trial period. An employee now includes an individual who performs work throughout a trial period for an employer, if the skills being examined throughout the trial duration are skills used by the employer’s staff members or could be used by workers if there are no other employees. 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 wages

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

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

Payment of earnings – direct deposit

The ESA needs to pay salaries by money, cheque or direct deposit. If the incomes are paid by direct deposit, the account must remain in the staff member’s name and no one aside from the worker can have access to the account, unless the worker has actually licensed it.

Effective June 21, 2024, an extra requirement will remain in location if the company desires to pay earnings by direct deposit: the account should be picked by the worker. This suggests the worker should decide which account to use and the employer can not limit a worker’s section by, for example, requiring the worker to utilize an account at a particular financial institution.

For payments that are to be made after June 20, 2024, a worker has the right to choose the account where their wages are to be transferred. If a company previously limited an employee’s account selection – for example, by needing them to use an account at a particular banks – it is the company’s obligation to verify the employee’s selection of their desired account before they make the next payment after June 20, 2024. A worker can also notify their company that they want their wages deposited to a various account and, employment when that takes place, the company should make the modification.

Vacation pay agreements

The ESA permits a company to pay getaway pay to a worker on every pay cheque as it accumulates or employment at any agreed-upon time, however just with the agreement of the employee. Discover more about when to pay holiday pay.

Effective June 21, 2024, the ESA is amended to clarify that the worker needs to make an arrangement with the company in order for the employer to be able to pay trip pay on every pay cheque or at an agreed-upon time. This validates that such contracts can not be verbal and should be made in composing (consisting of digitally), constant with how the ministry enforces the ESA.

Tips or other gratuities – methods of payment

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

– cash

– cheque

– direct deposit

If payment is by cash or cheque, the staff member must be paid the ideas or other gratuities at the work environment or at some other place accepted electronically or in writing by the employee.

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

The requirement that the staff member pick the account suggests the worker needs to choose which account to use, and the employer can not restrict an employee’s choice by, for example, needing the worker to use an account at a particular financial institution.

For payments that are to be made after June 20, 2024, a worker deserves to choose the account where their pointers are to be deposited. If an employer previously limited an employee’s account choice – for example, by requiring them to use an account at a specific banks – it is the employer’s obligation to validate the staff member’s choice of their desired account before they make the next payment after June 20, 2024. An employee can also inform their employer that they want their pointers transferred to a different account and, when that takes place, the employer must make the change.

Tips sharing policy

The ESA allows employers, employment in addition to directors and shareholders of a company, to share in ideas, if defined criteria are fulfilled.

Effective June 21, 2024, where an employer has a policy about the company, director or shareholder of the company, sharing in an idea pool, the company will be needed to publish a copy of that policy in a plainly visible location in the work environment 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 develop a policy. It uses if a company has a written policy in place or if an employer has an established practice of sharing in a pointer swimming pool that is consistently used (even if it’s not documented). If the company has an unwritten however recognized, consistently-applied practice in place, the company needs to put the policy in composing and post a copy of the policy.

The ESA does not define the information that must appear in the policy, employment as long as the published document is a real copy of the policy that is in place and clearly mentions that the employer or a director or investor of the company shares in the tip pool.

Effective, June 21, 2024, companies will likewise be required to keep a copy of every tips sharing policy that is needed to be published for three years after the policy stops being in result.

Job posting requirements

On a date to be set by pronouncement of the Lieutenant Governor, changes will enter into force that develop brand-new requirements for employers associated with openly marketed task posts.

Temporary aid firm and employer licensing

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

– Temporary aid firms are needed to hold a licence to operate.Clients are forbidden from knowingly engaging or utilizing the services of a momentary aid firm unless the agency holds a licence. (Find out more about the relationship in between short-term assistance companies and customers.).

– Employers, prospective companies and other employers are restricted 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 decision 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 amended. The changes include:

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

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

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

The ministry’s licensing webpage has been updated to show these modifications. Please check out that website for employment information.