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Under the Employment Standards Act, 2000 (ESA), employers can need a staff member to provide proof sensible in the situations that they are entitled to authorized leave under the ESA.
Effective October 28, 2024, companies can not need staff members to provide a certificate from a certified health specialist (a medical note). A "competent health professional" is a person who is qualified to practice as a doctor, registered nurse or psychologist under the laws of the jurisdiction in which care or treatment is supplied to the worker.
ESA optimum fines
A prosecution may be started under Part III of the Provincial Offences Act where a person is thought to have dedicated an offence under the ESA. If convicted, a person might be subject to a fine or a term of jail time or both.
As of October 28, 2024, job 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) defines a worker to include an individual who:
- performs work for an employer for incomes
- products services to an employer for wages
- receives training from an employer, if the skill they're being trained on is an ability utilized by the employer's employees
- is a homeworker
- was an employee
On March 21, 2024, the meaning of "training" was expanded to consist of work performed during a trial period. A worker now consists of a person who performs work during a trial period for a company, if the abilities being evaluated throughout the trial period are abilities utilized by the company's employees or might be used by employees if there are no other employees. This implies the hours worked throughout the trial period must be counted as work time. Discover more about what counts as work time.
Deductions from wages
The ESA restricts companies from making deductions from earnings when the company had a money scarcity, lost property or had actually property stolen and an individual other than the worker had access to the cash or home.
On March 21, 2024, the ESA was amended to confirm that this consists of deductions from salaries in "dine and dash", "gas and dash" and other comparable scenarios.
Payment of salaries - direct deposit
The ESA requires companies to pay incomes by cash, cheque or direct deposit. If the wages are paid by direct deposit, the account must remain in the staff member's name and nobody besides the staff member can have access to the account, unless the worker has authorized it.
Effective June 21, 2024, an additional requirement will be in location if the employer wishes to pay earnings by direct deposit: the account should be picked by the staff member. This implies the worker should choose which account to use and the company can not restrict an employee's area by, for instance, needing the employee to utilize an account at a specific financial institution.
For payments that are to be made after June 20, 2024, a staff member deserves to pick the account where their incomes are to be deposited. If a company previously limited a staff member's account choice - for instance, by requiring them to utilize an account at a particular monetary organization - it is the company's duty to verify the staff member's choice of their preferred account before they make the next payment after June 20, 2024. A worker can also inform their employer that they want their incomes deposited to a different account and, when that takes place, the employer needs to make the modification.
Vacation pay agreements
The ESA permits a company to pay holiday pay to a staff member on every pay cheque as it builds up or job at any agreed-upon time, but just with the arrangement of the worker. Learn more about when to pay holiday pay.
Effective June 21, 2024, the ESA is modified to clarify that the staff member should make an arrangement with the company in order for the employer to be able to pay trip 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 (including electronically), constant with how the ministry enforces the ESA.
Tips or other gratuities - methods of payment
Beginning June 21, 2024, will be required to pay tips or other gratuities by either:
- money
- cheque
- direct deposit
If payment is by cash or cheque, the worker needs to be paid the suggestions or other gratuities at the workplace or at some other place agreed to electronically or in composing by the staff member.
If payment is made by direct deposit, the account must be picked by the worker and remain in the staff member's name. Nobody other than the staff member can have access to the account, unless the worker has authorized it.
The requirement that the employee pick the account indicates the employee needs to choose which account to use, and the company can not limit an employee's choice by, for instance, needing the staff member to utilize an account at a particular monetary organization.
For payments that are to be made after June 20, 2024, a worker can pick the account where their ideas are to be deposited. If an employer previously restricted an employee's account selection - for example, by requiring them to utilize an account at a particular banks - it is the employer's responsibility to validate the worker'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 pointers deposited to a various account and, when that occurs, the employer needs to make the modification.
Tips sharing policy
The ESA enables companies, along with directors and investors of a company, to share in ideas, if specified criteria are satisfied.
Effective June 21, 2024, where a company has a policy about the company, director or shareholder of the employer, sharing in an idea pool, the company will be required to publish a copy of that policy in a plainly noticeable 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 place or if a company has a recognized practice of sharing in a tip swimming pool that is regularly applied (even if it's not documented). If the employer has an unwritten however established, consistently-applied practice in place, the company needs to put the policy in writing and publish a copy of the policy.
The ESA does not define the information that must appear in the policy, as long as the published document is a real copy of the policy that is in location and clearly specifies that the company or a director job or investor of the company shares in the pointer pool.
Effective, June 21, 2024, employers will likewise be needed to keep a copy of every tips sharing policy that is required to be posted for three years after the policy stops being in impact.
Job publishing requirements
On a date to be set by pronouncement of the Lieutenant Governor, job changes will enter into force that develop new requirements for companies connected to publicly advertised job posts.
Temporary aid company and recruiter licensing
Beginning on July 1, 2024 under the Employment Standards Act, 2000 (ESA):
- Temporary aid firms are required to hold a licence to operate.Clients are forbidden from intentionally engaging or using the services of a short-term help agency unless the agency holds a licence. (Discover more about the relationship in between short-term help companies and clients.).
- Employers, potential employers and other recruiters are restricted 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 choice is pending, there is a transitional rule that will apply.
On April 29, 2024, O. Reg. 99/23 - Licensing Temporary Help Agencies and job Recruiters was changed. The modifications consist of:
- Adding a surety bond as a brand-new acceptable type of security for all applicants,.
- excusing specific recruiters from the security requirement under specified conditions,.
- changing the application cost and security requirements for entities applying both for a temporary help agency and an employer licence.
The ministry's licensing website has been upgraded to reflect these changes. Please go to that web page for information.