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Under the Employment Standards Act, 2000 (ESA), employers can require an employee to offer evidence affordable in the circumstances that they are entitled to authorized leave under the ESA.
Effective October 28, 2024, companies can not require staff members to offer a certificate from a competent health specialist (a medical note). A "certified health specialist" is an individual who is certified to practise as a doctor, registered nurse or psychologist under the laws of the jurisdiction in which care or treatment is offered to the staff member.
ESA maximum fines
A prosecution might be begun under Part III of the Provincial Offences Act where a person is thought to have devoted an offence under the ESA. If founded guilty, a person could be based on a fine or a term of imprisonment 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) specifies a staff member to include a person who:
- carries out work for an employer for salaries
- materials services to a company for earnings
- gets training from a company, if the skill they're being trained on is an ability utilized by the company's workers
- is a homeworker
- was an employee
On March 21, 2024, the meaning of "training" was broadened to include work carried out during a trial period. An employee now includes an individual who performs work during a trial period for an employer, if the abilities being assessed 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 indicates the hours worked during the trial duration need to be counted as work time. Find out more about what counts as work time.
Deductions from wages
The ESA restricts companies from making deductions from incomes when the employer had a cash shortage, lost residential or commercial property or had actually property taken and a person besides the employee had access to the money or residential or commercial property.
On March 21, 2024, the ESA was amended to verify that this includes deductions from wages in "dine and dash", "gas and dash" and other similar situations.
Payment of incomes - direct deposit
The ESA needs companies to pay earnings by cash, cheque or direct deposit. If the wages are paid by direct deposit, the account should be in the worker's name and no one other than the staff member can have access to the account, unless the employee has actually licensed it.
Effective June 21, 2024, an additional requirement will be in place if the company wants to pay wages by direct deposit: employment the account should be picked by the worker. This means the employee should decide which account to utilize and the company can not restrict a staff member's section by, for example, requiring the worker to utilize an account at a specific banks.
For that are to be made after June 20, 2024, a staff member deserves to choose the account where their incomes are to be transferred. If an employer previously limited a staff member's account choice - for example, by needing them to use an account at a particular banks - it is the employer's responsibility to validate the staff member's selection of their desired account before they make the next payment after June 20, 2024. A staff member can likewise inform their company that they want their salaries transferred to a different account and, when that takes place, the employer needs to make the change.
Vacation pay arrangements
The ESA enables a company to pay holiday pay to an employee on every pay cheque as it collects or at any agreed-upon time, however only with the agreement of the worker. Discover more about when to pay trip pay.
Effective June 21, 2024, the ESA is modified to clarify that the worker should make an agreement with the employer in order for the employer to be able to pay getaway pay on every pay cheque or at an agreed-upon time. This verifies that such contracts can not be spoken and should be made in writing (consisting of electronically), constant with how the ministry enforces the ESA.
Tips or other gratuities - methods of payment
Beginning June 21, 2024, companies will be required to pay pointers or other gratuities by either:
- cash
- cheque
- direct deposit
If payment is by cash or cheque, the staff member needs to be paid the tips or other gratuities at the office or at some other location accepted electronically or in writing by the employee.
If payment is made by direct deposit, the account needs to be selected by the employee and be in the employee's name. Nobody other than the worker can have access to the account, unless the worker has actually authorized it.
The requirement that the employee select the account means the worker should decide which account to utilize, and the company can not limit a worker's selection by, for example, needing the staff member 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 choose the account where their suggestions are to be transferred. If an employer previously restricted a staff member's account choice - for instance, by needing them to use an account at a particular banks - it is the company's duty to validate the staff member's choice of their preferred account before they make the next payment after June 20, 2024. An employee can likewise alert their company that they desire their tips deposited to a various account and, when that happens, the employer needs to make the change.
Tips sharing policy
The ESA enables employers, employment in addition to directors and investors of an employer, employment to share in ideas, if defined criteria are fulfilled.
Effective June 21, 2024, where a company has a policy about the company, director or investor of the employer, sharing in an idea swimming pool, the company will be required to publish a copy of that policy in a clearly noticeable place in the work environment where it is likely to come to the attention of workers.
The requirement to post a policy does not need a company to develop a policy. It applies if an employer has a written policy in place or if an employer has a recognized practice of sharing in an idea pool that is consistently used (even if it's not documented). If the employer has an unwritten but recognized, consistently-applied practice in location, the employer must put the policy in writing and post a copy of the policy.
The ESA does not specify the info that should appear in the policy, as long as the posted file is a true copy of the policy that remains in location and plainly mentions that the company or a director or investor of the company shares in the pointer swimming pool.
Effective, June 21, 2024, employers will also be required to keep a copy of every pointers sharing policy that is required to be published 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, changes will come into force that develop new requirements for employers associated with openly advertised job postings.
Temporary assistance company and recruiter licensing
Beginning on July 1, 2024 under the Employment Standards Act, 2000 (ESA):
- Temporary help firms are needed to hold a licence to operate.Clients are restricted from purposefully engaging or using the services of a momentary aid firm unless the agency holds a licence. (Learn more about the relationship in between short-term help firms and clients.).
- Employers, prospective companies and other recruiters are restricted from purposefully 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 use.
On April 29, 2024, O. Reg. 99/23 - Licensing Temporary Help Agencies and Recruiters was modified. The modifications consist of:
- Adding a surety bond as a new appropriate kind of security for all candidates,.
- exempting particular recruiters from the security requirement under specified conditions,.
- changing the application charge and security requirements for entities applying both for a short-lived help company and an employer licence.
The ministry's licensing webpage has been updated to reflect these modifications. Please visit that website for information.