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Under the Employment Standards Act, 2000 (ESA), employers can require a worker to offer proof affordable in the circumstances 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 qualified health practitioner (a medical note). A «certified health practitioner» is a person who is certified to practice as a physician, signed up 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 thought to have actually committed an offense under the ESA. If founded guilty, an individual could be based on a fine or a regard to imprisonment or both.
As of October 28, 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) defines an employee to include an individual who:
– performs work for an employer for earnings
– materials services to a company for salaries
– 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 worker
On March 21, 2024, the significance of «training» was expanded to consist of work carried out during a trial duration. An employee now includes an individual who carries out work throughout a trial period for a company, if the skills being assessed during the trial period are skills used by the company’s workers or could be used by staff members if there are no other staff members. This indicates the hours worked during the trial duration should be counted as work time. Discover more about what counts as work time.
Deductions from earnings
The ESA prohibits companies from making reductions from salaries when the employer had a cash scarcity, lost home or had property stolen and a person other than the employee had access to the cash or residential or commercial property.
On March 21, 2024, the ESA was amended to validate that this includes reductions from earnings in «dine and dash», «gas and dash» and other comparable scenarios.
Payment of incomes – direct deposit
The ESA needs companies to pay salaries by money, cheque or direct deposit. If the earnings are paid by direct deposit, the account must remain in the staff member’s name and job nobody other than the worker can have access to the account, unless the staff member has actually licensed it.
Effective June 21, 2024, an additional requirement will be in place if the employer desires to pay earnings by direct deposit: the account should be selected by the employee. This indicates the worker must choose which account to utilize and the company can not limit a worker’s area by, for instance, requiring the worker to utilize an account at a particular banks.
For payments that are to be made after June 20, 2024, an employee deserves to choose the account where their earnings are to be deposited. If an employer formerly restricted a worker’s account selection – for example, by requiring them to utilize an account at a specific monetary organization – it is the employer’s obligation to validate the worker’s choice of their preferred account before they make the next payment after June 20, 2024. A worker can also inform their company that they desire their wages deposited to a different account and, job when that takes place, the employer needs to make the change.
Vacation pay arrangements
The ESA enables an employer to pay holiday pay to a staff member on every pay cheque as it accumulates or at any agreed-upon time, however just with the agreement of the worker. Learn more about when to pay.
Effective June 21, 2024, the ESA is changed to clarify that the worker should make an agreement with the company in order for the company 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 spoken and must be made in writing (including electronically), job consistent with how the ministry imposes the ESA.
Tips or other gratuities – techniques of payment
Beginning June 21, 2024, companies will be required to pay ideas or other gratuities by either:
– cash
– cheque
– direct deposit
If payment is by money or cheque, the worker should be paid the ideas or other gratuities at the office or at some other place accepted electronically or in composing by the staff member.
If payment is made by direct deposit, the account must be picked by the staff member and be in the worker’s name. Nobody aside from the staff member can have access to the account, unless the employee has actually authorized it.
The requirement that the staff member pick the account implies the employee should decide which account to utilize, and the employer can not restrict an employee’s choice by, for instance, needing the worker to utilize an account at a specific monetary organization.
For payments that are to be made after June 20, 2024, an employee has the right to pick the account where their suggestions are to be deposited. If an employer formerly limited a worker’s account choice – for example, by needing them to utilize an account at a specific financial institution – it is the employer’s responsibility to validate the employee’s choice of their preferred account before they make the next payment after June 20, 2024. A worker can also alert their company that they want their suggestions deposited to a various account and, when that takes place, the company must 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 met.
Effective June 21, 2024, job where a company has a policy about the company, director or investor of the company, sharing in an idea pool, the employer will be needed to post a copy of that policy in a plainly visible place in the work environment where it is most likely to come to the attention of staff members.
The requirement to publish a policy does not require a company to establish a policy. It uses if a company has a written policy in location or if a company has an established practice of sharing in a pointer pool that is consistently applied (even if it’s not jotted down). If the company has an unwritten but recognized, consistently-applied practice in place, the company must put the policy in writing and job post a copy of the policy.
The ESA does not define the details that needs to appear in the policy, as long as the published document is a true copy of the policy that remains in location and clearly specifies that the company or a director or shareholder of the company shares in the idea swimming pool.
Effective, June 21, 2024, companies will likewise be needed to keep a copy of every tips sharing policy that is required to be posted for 3 years after the policy stops being in result.
Job publishing requirements
On a date to be set by proclamation of the Lieutenant Governor, modifications will enter into force that develop new requirements for companies connected to publicly marketed task postings.
Temporary help agency and recruiter licensing
Beginning on July 1, 2024 under the Employment Standards Act, 2000 (ESA):
– Temporary aid agencies are needed to hold a licence to operate.Clients are forbidden from knowingly engaging or utilizing the services of a short-term aid agency unless the agency holds a licence. (Discover more about the relationship between short-term aid agencies and customers.).
– Employers, potential employers 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, 2024 and a decision 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 modifications consist of:
– Adding a surety bond as a brand-new appropriate type of security for job all candidates,.
– exempting certain employers from the security requirement under specified conditions,.
– altering the application charge and security requirements for entities using both for a short-term assistance firm and an employer licence.
The ministry’s licensing website has actually been updated to reflect these changes. Please go to that website for details.
