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Under the Employment Standards Act, 2000 (ESA), companies can require a staff member to supply evidence reasonable in the scenarios that they are entitled to sick leave under the ESA.

Effective October 28, 2024, companies can not need employees to provide a certificate from a competent health practitioner (a medical note). A “competent health professional” is an individual who is qualified to practice as a doctor, 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 may be started under Part III of the Provincial Offences Act where a person is thought to have actually devoted an offense under the ESA. If founded guilty, an individual might be based on a fine or a term of jail time or both.

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

Definition of staff member

The Employment Standards Act (ESA) specifies an employee to consist of an individual who:

– carries out work for a company for wages

– materials services to an employer for wages

– gets training from an employer, if the ability they’re being trained on is a skill used by the employer’s workers

– is a homeworker

– was a worker

On March 21, 2024, the meaning of “training” was broadened to consist of work performed during a trial period. A worker now consists of an individual who carries out work during a trial period for an employer, if the abilities being examined during the trial duration are abilities used by the employer’s employees or might be used by workers if there are no other employees. This means the hours worked throughout the trial duration must be counted as work time. Learn more about what counts as work time.

Deductions from wages

The ESA forbids employers from making deductions from salaries when the employer had a cash scarcity, lost home or had actually residential or commercial property stolen and an individual other than the employee had access to the money or home.

On March 21, 2024, the ESA was modified to confirm that this includes deductions from incomes in “dine and rush”, “gas and dash” and other comparable scenarios.

Payment of wages – direct deposit

The ESA requires employers to pay incomes by money, cheque or direct deposit. If the incomes are paid by direct deposit, the account needs to remain in the worker’s name and no one besides the staff member can have access to the account, unless the staff member has actually licensed it.

Effective June 21, 2024, an additional requirement will remain in place if the employer wants to pay salaries by direct deposit: the account must be selected by the worker. This implies the employee should decide which account to use and the company can not restrict an employee’s section by, for example, needing the employee to use an account at a specific monetary institution.

For payments that are to be made after June 20, 2024, a worker can select the account where their wages are to be deposited. If a company previously restricted an employee’s account choice – for instance, by requiring them to use an account at a particular monetary institution – it is the employer’s responsibility to verify the employee’s choice of their wanted account before they make the next payment after June 20, 2024. A staff member can also alert their employer that they desire their wages transferred to a various account and, when that takes place, the company should make the modification.

Vacation pay arrangements

The ESA enables a company to pay getaway pay to a staff member on every pay cheque as it builds up or at any agreed-upon time, however only with the arrangement of the staff member. Find out more about when to pay getaway pay.

Effective June 21, 2024, the ESA is modified to clarify that the employee needs to make a contract with the employer in order for the company to be able to pay getaway pay on every pay cheque or referall.us at an agreed-upon time. This validates that such arrangements can not be verbal and must be made in writing (consisting of digitally), 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:

– money

– cheque

– direct deposit

If payment is by cash or cheque, the worker should be paid the pointers or other gratuities at the work environment or at some other location accepted digitally or in composing by the worker.

If payment is made by direct deposit, the account should be picked by the worker and remain in the worker’s name. Nobody aside from the staff member can have access to the account, unless the worker has licensed it.

The requirement that the employee choose the account means the worker must decide which account to utilize, and the company can not restrict a worker’s selection by, for example, needing the employee to use an account at a particular financial organization.

For payments that are to be made after June 20, 2024, an employee can choose the account where their tips are to be transferred. If an employer previously limited a worker’s account selection – for example, by requiring them to use an account at a specific banks – it is the employer’s responsibility to verify the employee’s selection of their wanted account before they make the next payment after June 20, 2024. An employee can also notify their company that they want their pointers deposited to a different account and, when that occurs, the company must make the modification.

Tips sharing policy

The ESA enables employers, as well as directors and shareholders of a company, to share in ideas, if specified requirements are fulfilled.

Effective June 21, 2024, where an employer has a policy about the company, director or shareholder of the employer, sharing in an idea swimming pool, the company will be required to post a copy of that policy in a clearly visible place in the workplace where it is likely to come to the attention of .

The requirement to post a policy does not require an employer to establish a policy. It uses if a company has a written policy in place or if an employer has an established practice of sharing in a pointer swimming pool that is consistently applied (even if it’s not made a note of). If the company has an unwritten however recognized, consistently-applied practice in place, the employer must put the policy in writing and publish a copy of the policy.

The ESA does not define the info that needs to appear in the policy, as long as the posted file is a real copy of the policy that is in location and plainly states that the employer or a director or investor of the employer shares in the tip pool.

Effective, June 21, 2024, employers will likewise be required 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 pronouncement of the Lieutenant Governor, modifications will enter into force that establish new requirements for employers associated with openly advertised task postings.

Temporary help firm and recruiter licensing

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

– Temporary aid companies are needed to hold a licence to operate.Clients are prohibited from purposefully engaging or utilizing the services of a short-lived aid firm unless the firm holds a licence. (Find out more about the relationship in between temporary aid firms and clients.).

– Employers, prospective companies and other recruiters are forbidden from knowingly engaging or using the services of any recruiter 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 acceptable form of security for all candidates,.

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

– changing the application cost and security requirements for entities using both for a short-lived assistance company and an employer licence.

The ministry’s licensing webpage has been upgraded to reflect these changes. Please check out that website for details.