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Under the Employment Standards Act, 2000 (ESA), employers can require an employee to offer proof sensible in the circumstances that they are entitled to authorized leave under the ESA.
Effective October 28, 2024, companies can not need workers to offer a certificate from a certified health practitioner (a medical note). A “qualified 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 offered to the worker.
ESA maximum fines
A prosecution may be started under Part III of the Provincial Offences Act where an individual is thought to have actually dedicated an offense under the ESA. If founded guilty, an individual could be subject to a fine or a term of jail time or both.
As of October 28, 2024, the optimum fine for individuals convicted of contravening the ESA has increased to $100,000 (up from $50,000).
Definition of worker
The Employment Standards Act (ESA) defines a staff member to consist of a person who:
– carries out work for an employer for salaries
– products services to a company for earnings
– gets training from an employer, employment if the skill they’re being trained on is a skill utilized by the employer’s workers
– is a homeworker
– was a worker
On March 21, 2024, the meaning of “training” was expanded to consist of work carried out during a . An employee now consists of a person who carries out work throughout a trial duration for an employer, if the abilities being examined during the trial period are skills used by the employer’s workers or might be utilized by workers if there are no other workers. This implies the hours worked throughout the trial period should be counted as work time. Learn more about what counts as work time.
Deductions from salaries
The ESA forbids employers from making reductions from incomes when the employer had a money lack, lost residential or commercial property or had actually home stolen and a person other than the employee had access to the cash or property.
On March 21, 2024, the ESA was changed to verify that this consists of deductions from wages in “dine and rush”, “gas and dash” and other comparable scenarios.
Payment of incomes – direct deposit
The ESA requires companies to pay earnings by money, cheque or direct deposit. If the wages are paid by direct deposit, the account should remain in the worker’s name and employment nobody besides the worker can have access to the account, unless the employee has licensed it.
Effective June 21, 2024, an additional requirement will remain in location if the company wants to pay incomes by direct deposit: the account needs to be picked by the employee. This implies the worker must decide which account to use and the employer can not limit a staff member’s area by, for instance, needing the worker to utilize an account at a particular banks.
For payments that are to be made after June 20, 2024, an employee can select the account where their earnings are to be transferred. If an employer previously limited an employee’s account selection – for instance, by needing them to use an account at a specific banks – it is the employer’s responsibility to verify the worker’s choice of their preferred account before they make the next payment after June 20, 2024. A worker can likewise notify their employer that they want their wages transferred to a various account and, when that occurs, the company must make the modification.
Vacation pay contracts
The ESA permits a company to pay trip pay to a worker on every pay cheque as it builds up or at any agreed-upon time, however just with the arrangement of the worker. Discover more about when to pay vacation pay.
Effective June 21, 2024, the ESA is modified to clarify that the employee needs to make an agreement with the company in order for the company to be able to pay holiday pay on every pay cheque or at an agreed-upon time. This confirms that such agreements can not be spoken and should be made in composing (consisting of electronically), constant with how the ministry imposes the ESA.
Tips or other gratuities – techniques 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 employee should be paid the tips or other gratuities at the workplace or at some other location consented to digitally or in composing by the staff member.
If payment is made by direct deposit, the account should be picked by the employee and be in the employee’s name. Nobody aside from the worker can have access to the account, unless the employee has licensed it.
The requirement that the staff member choose the account implies the employee should decide which account to utilize, and the company can not restrict an employee’s selection by, for example, needing the employee to utilize an account at a particular banks.
For payments that are to be made after June 20, 2024, a worker has the right to select the account where their ideas are to be deposited. If an employer formerly limited a staff member’s account choice – for instance, by needing them to utilize an account at a particular banks – it is the company’s duty to confirm the worker’s selection of their desired account before they make the next payment after June 20, 2024. A staff member can likewise alert their company that they want their ideas deposited to a different account and, employment when that takes place, the company should make the change.
Tips sharing policy
The ESA enables employers, as well as directors and investors of a company, to share in ideas, if defined criteria are satisfied.
Effective June 21, 2024, where a company has a policy about the employer, director or shareholder of the employer, sharing in a pointer swimming pool, the employer will be required to post a copy of that policy in a plainly visible location in the work environment where it is likely to come to the attention of workers.
The requirement to publish a policy does not require an employer to establish a policy. It uses if an employer has a written policy in location or if a company has a recognized practice of sharing in a suggestion swimming pool that is regularly used (even if it’s not jotted down). If the employer has an unwritten but recognized, consistently-applied practice in place, the company must put the policy in writing and post a copy of the policy.
The ESA does not define the information that should appear in the policy, as long as the posted document is a true copy of the policy that remains in place and clearly mentions that the company or a director or shareholder of the employer shares in the pointer pool.
Effective, June 21, 2024, companies will likewise be needed to keep a copy of every pointers 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 pronouncement of the Lieutenant Governor, changes will come into force that develop new requirements for employers connected to openly advertised task posts.
Temporary aid agency and employer licensing
Beginning on July 1, 2024 under the Employment Standards Act, 2000 (ESA):
– Temporary help companies are required to hold a licence to operate.Clients are forbidden from intentionally engaging or utilizing the services of a temporary aid company unless the company holds a licence. (Learn more about the relationship in between temporary help agencies and customers.).
– Employers, prospective employers and other recruiters are prohibited from knowingly engaging or utilizing the services of any employer that does not hold a licence.
Where applications are made before July 1, 2024 and a choice 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 kind of security for all applicants,.
– excusing certain recruiters from the security requirement under defined conditions,.
– changing the application cost and security requirements for entities using both for a temporary assistance company and an employer licence.
The ministry’s licensing webpage has been updated to reflect these changes. Please check out that webpage for information.
