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Under the Employment Standards Act, 2000 (ESA), companies 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 need workers to provide a certificate from a competent health practitioner (a medical note). A “certified health professional” is an individual who is qualified to practice as a physician, signed up nurse or psychologist under the laws of the jurisdiction in which care or treatment is supplied to the worker.

ESA maximum fines

A prosecution may be begun under Part III of the Provincial Offences Act where a person is thought to have actually dedicated an offense under the ESA. If convicted, an individual might be subject to a fine or a regard to jail time or both.

Since October 28, 2024, the optimum fine for people 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 an individual who:

– carries out work for a company for earnings

– supplies services to an employer for earnings

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

– is a homeworker

– was a worker

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

Deductions from wages

The ESA forbids companies from making deductions from incomes when the employer had a money scarcity, lost residential or commercial property or had actually home stolen and an individual aside from the employee had access to the money or property.

On March 21, 2024, the ESA was changed to validate that this consists of deductions from salaries in “dine and dash”, “gas and dash” and other similar scenarios.

Payment of earnings – direct deposit

The ESA needs employers to pay earnings by cash, cheque or direct deposit. If the incomes are paid by direct deposit, the account needs to remain in the employee’s name and nobody other than the staff member can have access to the account, employment unless the employee has actually authorized it.

Effective June 21, 2024, an extra requirement will be in place if the employer wishes to pay incomes by direct deposit: the account must be chosen by the worker. This implies the staff member must decide which account to use and the company can not restrict a worker’s area by, for instance, needing the employee to use an account at a specific financial organization.

For payments that are to be made after June 20, 2024, an employee can choose the account where their wages are to be transferred. If a company previously restricted a staff member’s account selection – for instance, by requiring them to utilize an account at a particular banks – it is the employer’s obligation to verify the worker’s choice of their preferred account before they make the next payment after June 20, 2024. A worker can likewise alert their employer that they want their wages transferred to a various account and, when that occurs, the employer needs to make the modification.

Vacation pay agreements

The ESA permits a company to pay getaway pay to a staff member on every pay cheque as it collects or at any agreed-upon time, but only with the arrangement of the employee. Find out more about when to pay vacation pay.

Effective June 21, 2024, the ESA is amended to that the staff member must make a contract with the employer in order for the employer to be able to pay vacation 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 writing (including electronically), employment consistent with how the ministry imposes the ESA.

Tips or other gratuities – approaches of payment

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

– cash

– cheque

– direct deposit

If payment is by cash or cheque, the staff member needs to be paid the suggestions or other gratuities at the workplace or at some other location accepted electronically or in writing by the staff member.

If payment is made by direct deposit, the account must be chosen by the employee and remain in the employee’s name. Nobody aside from the employee can have access to the account, unless the employee has actually licensed it.

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

For payments that are to be made after June 20, 2024, an employee has the right to select the account where their ideas are to be deposited. If a company previously restricted a worker’s account selection – for example, by needing them to use an account at a specific banks – it is the company’s obligation to validate the worker’s choice of their desired account before they make the next payment after June 20, 2024. A worker can also inform their company that they desire their tips deposited to a various account and, when that takes place, the company needs to make the change.

Tips sharing policy

The ESA enables companies, along with directors and investors of a company, to share in ideas, if defined requirements are satisfied.

Effective June 21, 2024, where a company has a policy about the employer, director or investor of the employer, sharing in a tip swimming pool, the employer will be needed to post a copy of that policy in a clearly noticeable location in the office where it is most likely to come to the attention of workers.

The requirement to post a policy does not require an employer to develop 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 used (even if it’s not documented). If the employer has an unwritten however established, consistently-applied practice in place, the employer must put the policy in writing and post a copy of the policy.

The ESA does not specify the info that needs to appear in the policy, as long as the posted document is a true copy of the policy that is in place and plainly specifies that the employer or a director or investor of the company shares in the idea swimming pool.

Effective, June 21, 2024, companies will also be needed to keep a copy of every pointers 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 establish new requirements for companies connected to publicly advertised task posts.

Temporary help company and employment employer licensing

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

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

– Employers, potential employers and other employers are prohibited from intentionally engaging or utilizing the services of any employer that does not hold a licence.

Where applications are made before July 1, 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 amended. The changes include:

– Adding a surety bond as a new appropriate type of security for all candidates,.

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

– changing the application cost and security requirements for entities applying both for a momentary aid firm and a recruiter licence.

The ministry’s licensing webpage has actually been updated to reflect these modifications. Please visit that web page for details.