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Under the Employment Standards Act, 2000 (ESA), employers can require an employee to provide proof affordable in the circumstances that they are to ill leave under the ESA.

Effective October 28, 2024, companies can not need staff members to offer a certificate from a certified health practitioner (a medical note). A “competent health specialist” is a person who is certified to practice as a doctor, signed up nurse or psychologist under the laws of the jurisdiction in which care or treatment is offered to the employee.

ESA maximum fines

A prosecution might be commenced under Part III of the Provincial Offences Act where an individual is believed to have committed an offense under the ESA. If convicted, an individual might be subject to a fine or a regard to jail time or both.

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

Definition of employee

The Employment Standards Act (ESA) defines a staff member to include an individual who:

– carries out work for an employer for incomes

– products services to an employer for incomes

– gets training from a company, if the skill they’re being trained on is a skill used by the company’s workers

– is a homeworker

– was an employee

On March 21, 2024, the meaning of “training” was broadened to include work performed throughout a trial duration. A staff member now consists of a person who performs work throughout a trial period for a company, if the skills being evaluated throughout the trial period are skills used by the employer’s employees or could be utilized by staff members if there are no other staff members. This means the hours worked during the trial duration must be counted as work time. Learn more about what counts as work time.

Deductions from incomes

The ESA forbids employers from making reductions from salaries when the employer had a money shortage, lost home or had actually home taken and an individual besides the employee had access to the cash or property.

On March 21, 2024, the ESA was amended to validate that this includes reductions from incomes in “dine and dash”, “gas and dash” and other comparable situations.

Payment of incomes – direct deposit

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

Effective June 21, 2024, an extra requirement will remain in place if the company desires to pay wages by direct deposit: the account must be picked by the employee. This indicates the employee should choose which account to utilize and the company can not restrict an employee’s section by, for instance, requiring the staff member to use an account at a particular financial institution.

For payments that are to be made after June 20, 2024, an employee deserves to choose the account where their incomes are to be deposited. If an employer previously restricted a staff member’s account choice – for instance, employment by requiring them to utilize an account at a particular financial institution – it is the company’s duty to validate the employee’s selection of their desired account before they make the next payment after June 20, 2024. A worker can likewise alert their employer that they want their incomes deposited to a different account and, when that occurs, the company needs to make the modification.

Vacation pay contracts

The ESA enables an employer to pay trip pay to an employee on every pay cheque as it builds up or employment at any agreed-upon time, however only with the arrangement of the staff member. Learn more about when to pay vacation pay.

Effective June 21, 2024, the ESA is changed to clarify that the worker needs to make a contract with the employer in order for the company to be able to pay getaway pay on every pay cheque or at an agreed-upon time. This confirms that such agreements can not be verbal and should be made in writing (including electronically), constant with how the ministry imposes the ESA.

Tips or other gratuities – approaches of payment

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

– cash

– cheque

– direct deposit

If payment is by cash or cheque, the worker should be paid the ideas or other gratuities at the workplace or at some other location accepted electronically or in writing by the employee.

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

The requirement that the employee select the account suggests the worker must choose which account to utilize, and the employer can not limit a staff member’s selection by, for instance, requiring the employee to use an account at a particular monetary institution.

For payments that are to be made after June 20, 2024, a worker deserves to pick the account where their ideas are to be transferred. If an employer formerly restricted a worker’s account selection – for example, by needing them to use an account at a specific financial institution – it is the company’s duty to verify the employee’s choice of their desired account before they make the next payment after June 20, 2024. A staff member can also inform their company that they desire their pointers deposited to a various account and, when that happens, the company must make the change.

Tips sharing policy

The ESA enables companies, as well as directors and investors of an employer, to share in tips, if defined requirements are met.

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

The requirement to publish a policy does not require a company to establish a policy. It uses if an employer has a written policy in location or if a company has an established practice of sharing in a tip swimming pool that is regularly applied (even if it’s not jotted down). If the company has an unwritten but established, consistently-applied practice in place, the employer should put the policy in composing and post a copy of the policy.

The ESA does not define the details that must appear in the policy, as long as the published document is a true copy of the policy that remains in location and plainly mentions that the company or a director or shareholder of the company shares in the idea swimming pool.

Effective, June 21, employment 2024, employers will likewise be required to keep a copy of every ideas sharing policy that is required to be posted for three 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 force that develop new requirements for companies associated with openly marketed task posts.

Temporary assistance agency and employer licensing

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

– Temporary assistance companies are needed to hold a licence to operate.Clients are restricted from knowingly engaging or using the services of a momentary assistance firm unless the company holds a licence. (Discover more about the relationship between momentary assistance firms and clients.).

– Employers, prospective companies and other employers are prohibited from intentionally engaging or utilizing 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 use.

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

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

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

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

The ministry’s licensing website has actually been updated to reflect these changes. Please check out that webpage for information.