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

Effective October 28, 2024, companies can not need employees to supply a certificate from a competent health specialist (a medical note). A “certified health professional” 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 provided to the worker.

ESA maximum fines

A prosecution might be commenced under Part III of the Provincial Offences Act where an individual is thought to have actually dedicated an offence under the ESA. If founded guilty, a person could be subject to a fine or a term of imprisonment or both.

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

Definition of staff member

The Employment Standards Act (ESA) specifies a worker to include a person who:

– carries out work for a company for earnings

– supplies services to a company for incomes

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

– is a homeworker

– was a worker

On March 21, 2024, the meaning of “training” was broadened to include work performed during a trial period. A worker now includes an individual who carries out work during a trial period for a company, if the skills being evaluated during the trial period are abilities utilized by the company’s employees or could be utilized by staff members if there are no other workers. This implies the hours worked during the trial period need to be counted as work time. Discover more about what counts as work time.

Deductions from incomes

The ESA restricts companies from making reductions from wages when the company had a money lack, lost home or had actually home taken and a person aside from the worker had access to the cash or residential or commercial property.

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

Payment of incomes – direct deposit

The ESA requires companies to pay earnings by cash, cheque or direct deposit. If the incomes are paid by direct deposit, the account should be in the worker’s name and nobody besides the staff member can have access to the account, unless the worker has licensed it.

Effective June 21, 2024, an additional requirement will remain in location if the company wishes to pay incomes by direct deposit: the account should be selected by the staff member. This implies the staff member needs to decide which account to utilize and employment the employer can not restrict a staff member’s section by, for example, needing the employee to use an account at a specific financial institution.

For payments that are to be made after June 20, 2024, a worker deserves to select the account where their incomes are to be transferred. If an employer previously limited a worker’s account selection – for instance, by needing them to use an account at a particular monetary institution – it is the company’s duty to confirm the staff member’s choice of their wanted account before they make the next payment after June 20, 2024. An employee can likewise inform their company that they desire their incomes transferred to a different account and, when that occurs, the company should make the change.

Vacation pay arrangements

The ESA enables an employer to pay trip pay to an employee on every pay cheque as it accumulates or at any agreed-upon time, but only with the contract of the staff member. Discover more about when to pay trip pay.

Effective June 21, 2024, the ESA is modified to clarify that the worker needs to make an arrangement 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 verbal and should be made in composing (consisting of digitally), consistent with how the ministry implements the ESA.

Tips or other gratuities – methods of payment

Beginning June 21, 2024, companies will be needed 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 suggestions or other gratuities at the workplace or at some other location concurred to electronically 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 be in the employee’s name. Nobody besides the worker can have access to the account, employment unless the employee has licensed it.

The requirement that the worker select the account indicates the staff member should decide which account to utilize, and the company can not restrict a worker’s selection by, for example, requiring the employee to use 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 tips are to be transferred. If an employer previously limited an employee’s account choice – for instance, by requiring them to use an account at a specific financial organization – 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. A worker can also notify their employer that they desire their ideas deposited to a various account and, when that happens, the employer should make the change.

Tips sharing policy

The ESA permits employers, as well as directors and investors of a company, to share in suggestions, if defined criteria are fulfilled.

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

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

The ESA does not define the info that must appear in the policy, as long as the posted document is a true copy of the policy that is in location and clearly specifies that the company or a director or shareholder of the employer shares in the tip pool.

Effective, June 21, 2024, companies will also be required to keep a copy of every ideas sharing policy that is needed to be posted for 3 years after the policy stops being in impact.

Job posting requirements

On a date to be set by proclamation of the Lieutenant Governor, amendments will enter into force that establish brand-new requirements for companies associated with openly marketed job postings.

Temporary assistance agency and recruiter licensing

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

– Temporary assistance agencies are needed to hold a licence to operate.Clients are restricted from or using the services of a short-lived aid agency unless the company holds a licence. (Discover more about the relationship in between short-lived aid firms and clients.).

– Employers, potential companies and other employers are prohibited from purposefully 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 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 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 help agency and an employer licence.

The ministry’s licensing website has been updated to show these modifications. Please visit that website for details.