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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 ill leave under the ESA.

Effective October 28, 2024, companies can not require employees to offer a certificate from a certified health practitioner (a medical note). A "qualified health professional" is an individual who is certified to practise as a physician, registered 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 begun under Part III of the Provincial Offences Act where an individual is thought to have dedicated an offence under the ESA. If founded guilty, a person could be based on a fine or a regard to imprisonment or both.

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

Definition of employee

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

- performs work for a company for incomes

- supplies services to a company for incomes

- receives training from an employer, if the skill they're being trained on is an ability used by the company's employees

- 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 an individual who carries out work throughout a trial period for a company, if the abilities being evaluated throughout the trial duration are abilities utilized by the company's employees or could be utilized by staff members if there are no other employees. This implies the hours worked throughout the trial period need to be counted as work time. Find out more about what counts as work time.

Deductions from salaries

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

On March 21, 2024, the ESA was amended to verify that this consists of deductions from incomes in "dine and dash", "gas and dash" and other similar scenarios.

Payment of incomes - direct deposit

The ESA needs employers to pay wages by cash, cheque or direct deposit. If the wages are paid by direct deposit, the account must remain in the employee's name and nobody other than the worker can have access to the account, unless the staff member has licensed it.

Effective June 21, 2024, an additional requirement will be in location if the employer wishes to pay incomes by direct deposit: the account should be picked by the employee. This indicates the employee needs to decide which account to use and the employer can not restrict an employee's section by, for example, requiring the staff member to utilize an account at a specific banks.

For payments that are to be made after June 20, 2024, an employee can pick the account where their earnings are to be transferred. If a company previously limited a staff member's account selection - for example, by needing them to utilize an account at a particular banks - it is the employer's obligation to confirm the worker's choice of their preferred account before they make the next payment after June 20, 2024. A staff member can likewise alert their employer that they desire their earnings deposited to a different account and, when that takes place, employment the company must make the change.

Vacation pay arrangements

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

Effective June 21, 2024, the ESA is changed to clarify that the staff member should make an arrangement 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 confirms that such agreements can not be spoken and should be made in writing (consisting of digitally), constant with how the ministry enforces the ESA.

Tips or other gratuities - approaches of payment

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

- money

- cheque

- direct deposit

If payment is by money or cheque, the employee should be paid the ideas or other gratuities at the work environment or at some other location accepted digitally or in writing by the employee.

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

The requirement that the staff member select the account suggests the employee must choose which account to use, and the company can not limit an employee's choice 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 tips are to be deposited. If a company previously restricted a staff member's account choice - for employment instance, by needing them to use an account at a particular banks - it is the company's responsibility to confirm the worker's choice of their wanted account before they make the next payment after June 20, 2024. A staff member can likewise alert their employer that they want their tips deposited to a various account and, when that happens, the company should make the modification.

Tips sharing policy

The ESA enables companies, in addition to directors and shareholders of an employer, to share in pointers, if specified requirements are fulfilled.

Effective June 21, 2024, where a company has a policy about the company, director or shareholder of the company, sharing in a suggestion pool, the company will be needed to publish a copy of that policy in a plainly visible location in the workplace where it is likely to come to the attention of staff members.

The requirement to post a policy does not need an employer to establish a policy. It uses if a company has a written policy in location or if an employer has an established practice of sharing in an idea pool that is consistently used (even if it's not written 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 details that should appear in the policy, as long as the posted file is a real copy of the policy that remains in location and clearly mentions that the employer or a director or investor of the company shares in the suggestion swimming pool.

Effective, June 21, 2024, employers will likewise be required to keep a copy of every tips sharing policy that is needed to be posted for 3 years after the policy stops being in result.

Job posting requirements

On a date to be set by proclamation of the Lieutenant Governor, changes will enter force that develop brand-new requirements for companies connected to publicly marketed job posts.

Temporary help agency and employer licensing

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

- Temporary assistance companies are required to hold a licence to operate.Clients are prohibited from intentionally engaging or using the services of a temporary aid firm unless the company holds a licence. (Discover more about the relationship between short-lived aid firms and clients.).

- Employers, potential companies and other recruiters are from knowingly engaging or using 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 modified. The modifications include:

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

- exempting certain employers from the security requirement under defined conditions,.

- changing the application fee and security requirements for entities applying both for a temporary aid firm and a recruiter licence.

The ministry's licensing web page has actually been updated to show these modifications. Please check out that web page for details.

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