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

Effective October 28, 2024, employers can not require workers to provide a from a competent health professional (a medical note). A “competent health practitioner” is an individual who is qualified to practise as a doctor, signed up nurse or psychologist under the laws of the jurisdiction in which care or treatment is supplied to the staff member.

ESA maximum fines

A prosecution might be commenced under Part III of the Provincial Offences Act where a person is believed to have actually devoted an offence under the ESA. If founded guilty, an individual might be subject to a fine or a term of 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) specifies a staff member to consist of an individual who:

– carries out work for a company for incomes

– materials services to an employer for wages

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

– is a homeworker

– was an employee

On March 21, 2024, the significance of “training” was expanded to consist of work performed during a trial duration. An employee now includes a person who carries out work during a trial duration for a company, if the abilities being evaluated during the trial period are abilities utilized by the employer’s staff members or could be utilized by workers if there are no other employees. This means the hours worked during the trial duration must be counted as work time. Discover more about what counts as work time.

Deductions from earnings

The ESA forbids employers from making deductions from salaries when the employer had a cash lack, lost residential or commercial property or had residential or commercial property stolen and an individual other than the employee had access to the money or property.

On March 21, 2024, the ESA was changed to confirm that this includes reductions from salaries in “dine and rush”, “gas and dash” and other comparable circumstances.

Payment of salaries – direct deposit

The ESA requires employers to pay salaries by cash, cheque or direct deposit. If the earnings are paid by direct deposit, the account needs to remain in the worker’s name and nobody besides the employee can have access to the account, unless the worker has actually licensed it.

Effective June 21, 2024, an additional requirement will remain in place if the employer wishes to pay salaries by direct deposit: the account must be selected by the employee. This means the worker must decide which account to utilize and the employer can not restrict an employee’s area by, for instance, requiring the employee to utilize an account at a particular financial institution.

For payments that are to be made after June 20, job 2024, a worker deserves to select the account where their earnings are to be deposited. If a company formerly restricted a staff member’s account selection – for instance, by requiring them to utilize an account at a particular monetary institution – it is the company’s duty to validate the worker’s choice of their desired account before they make the next payment after June 20, 2024. An employee can also notify their company that they want their salaries deposited to a different account and, when that occurs, the company should make the modification.

Vacation pay agreements

The ESA enables an employer to pay trip pay to an employee on every pay cheque as it collects or at any agreed-upon time, however only with the contract of the employee. Find out more about when to pay trip pay.

Effective June 21, 2024, the ESA is changed to clarify that the worker should 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 confirms that such arrangements can not be verbal and should 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 needed to pay pointers or other gratuities by either:

– cash

– cheque

– direct deposit

If payment is by money or cheque, the employee needs to be paid the suggestions or other gratuities at the workplace or at some other location agreed to digitally or in composing by the staff member.

If payment is made by direct deposit, the account needs to be chosen by the staff member and remain in the employee’s name. Nobody other than the worker can have access to the account, unless the staff member has actually authorized it.

The requirement that the employee select the account suggests the employee needs to choose which account to use, and the company can not restrict an employee’s choice by, for instance, requiring the staff member to utilize an account at a particular banks.

For payments that are to be made after June 20, 2024, an employee can pick the account where their tips are to be transferred. If a company previously limited a worker’s account choice – for example, by needing them to use an account at a specific financial organization – it is the company’s responsibility to confirm the worker’s selection of their desired account before they make the next payment after June 20, 2024. An employee can likewise alert their employer that they desire their tips deposited to a various account and, when that happens, the company needs to make the change.

Tips sharing policy

The ESA allows employers, along with directors and shareholders of a company, job to share in ideas, if defined criteria are met.

Effective June 21, 2024, where a company has a policy about the company, director or investor of the employer, sharing in an idea swimming pool, the company will be required to post a copy of that policy in a clearly visible place 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 need an employer to develop a policy. It applies if an employer has a written policy in place or if a company has an established practice of sharing in a tip pool that is regularly applied (even if it’s not documented). If the employer has an unwritten but established, consistently-applied practice in location, the company must put the policy in composing and post a copy of the policy.

The ESA does not define the info that needs to appear in the policy, as long as the posted file is a real copy of the policy that is in place and clearly specifies that the employer or a director or shareholder of the company shares in the tip pool.

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

Job publishing requirements

On a date to be set by pronouncement of the Lieutenant Governor, changes will enter force that establish new requirements for employers connected to publicly marketed job posts.

Temporary help agency and recruiter licensing

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

– Temporary help agencies are needed to hold a licence to operate.Clients are restricted from knowingly engaging or utilizing the services of a short-lived assistance firm unless the company holds a licence. (Learn more about the relationship between short-lived help companies and clients.).

– Employers, potential employers and other employers are forbidden from knowingly engaging or using the services of any employer that does not hold a licence.

Where applications are made before July 1, job 2024 and a decision is pending, there is a transitional rule that will use.

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 brand-new appropriate kind of security for all applicants,.

– excusing specific recruiters from the security requirement under specified conditions,.

– changing the application cost and security requirements for entities applying both for a momentary aid agency and an employer licence.

The ministry’s licensing web page has been updated to show these changes. Please go to that website for information.