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Under the Employment Standards Act, 2000 (ESA), companies can need an employee to supply proof reasonable in the situations that they are entitled to ill leave under the ESA.

Effective October 28, 2024, companies can not need employees to provide a certificate from a qualified health professional (a medical note). A “certified health specialist” is a person who is qualified to practise as a doctor, registered nurse or psychologist under the laws of the jurisdiction in which care or treatment is supplied to the employee.

ESA maximum fines

A prosecution may be started under Part III of the Provincial Offences Act where an individual is believed to have actually devoted an offense under the ESA. If founded guilty, an individual could be based on a fine or a term of jail time or both.

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

Definition of worker

The Employment Standards Act (ESA) defines an employee to consist of a person who:

– performs work for a company for earnings

– materials services to a company for salaries

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

– 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 includes an individual who performs work throughout a trial period for a company, if the abilities being examined throughout the trial period are skills used by the company’s workers or might be utilized by staff members if there are no other workers. This suggests the hours worked throughout the trial period need to be counted as work time. Discover more about what counts as work time.

Deductions from salaries

The ESA forbids employers from making reductions from salaries when the employer had a cash scarcity, lost residential or employment commercial property or had home taken and a person other than the staff member had access to the money or home.

On March 21, 2024, the ESA was changed to validate that this includes reductions from wages in “dine and rush”, “gas and dash” and other similar circumstances.

Payment of wages – direct deposit

The ESA requires companies to pay incomes by money, cheque or direct deposit. If the wages are paid by direct deposit, the account should be in the staff member’s name and no one besides the employee can have access to the account, unless the staff member has licensed it.

Effective June 21, employment 2024, an additional requirement will be in place if the company wants to pay wages by direct deposit: the account needs to be picked by the staff member. This indicates the employee needs to decide which account to use and the employer can not limit an employee’s area by, for example, needing the staff member to use an account at a specific financial institution.

For payments that are to be made after June 20, 2024, employment a worker has the right to choose the account where their wages are to be transferred. If an employer formerly limited a worker’s account selection – for example, by requiring them to utilize an account at a specific banks – it is the company’s responsibility to validate the of their wanted account before they make the next payment after June 20, 2024. An employee can likewise notify their employer that they desire their earnings transferred to a different account and, when that happens, the employer must make the modification.

Vacation pay arrangements

The ESA permits an employer to pay getaway pay to a staff member on every pay cheque as it builds up or at any agreed-upon time, however just with the contract of the staff member. Learn more about when to pay holiday pay.

Effective June 21, 2024, the ESA is modified to clarify that the staff member needs to make a contract with the company 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 must be made in composing (including electronically), consistent with how the ministry enforces the ESA.

Tips or other gratuities – techniques of payment

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

– money

– cheque

– direct deposit

If payment is by money or cheque, the employee needs to be paid the suggestions or other gratuities at the workplace or at some other place accepted digitally or in writing by the staff member.

If payment is made by direct deposit, the account must be chosen by the staff member and be in the worker’s name. Nobody other than the staff member can have access to the account, unless the employee has actually licensed it.

The requirement that the employee choose the account implies the staff member should decide which account to utilize, and the company can not restrict an employee’s choice by, for example, needing the worker to utilize an account at a particular financial organization.

For payments that are to be made after June 20, 2024, a staff member has the right to choose the account where their pointers are to be deposited. If a company previously restricted an employee’s account selection – for example, by needing them to use an account at a particular monetary institution – it is the company’s obligation to validate the staff member’s choice of their desired account before they make the next payment after June 20, 2024. An employee can likewise inform their employer that they want their ideas deposited to a various account and, when that occurs, employment the company should make the change.

Tips sharing policy

The ESA permits companies, along with directors and investors of an employer, 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 company, employment 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 most likely to come to the attention of staff members.

The requirement to publish a policy does not require an employer to develop a policy. It uses if an employer has a written policy in location or if an employer has an established practice of sharing in a suggestion swimming pool that is regularly applied (even if it’s not written down). If the employer has an unwritten however recognized, consistently-applied practice in place, the employer must put the policy in composing and publish a copy of the policy.

The ESA does not specify the details that should appear in the policy, as long as the posted file is a real copy of the policy that is in location and plainly mentions that the company or employment a director or investor of the employer shares in the pointer pool.

Effective, June 21, 2024, employers will likewise be required to keep a copy of every ideas sharing policy that is required to be published for three years after the policy stops being in impact.

Job posting requirements

On a date to be set by proclamation of the Lieutenant Governor, amendments will enter force that establish new requirements for companies associated with openly marketed job postings.

Temporary aid agency and employer licensing

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

– Temporary help agencies are needed to hold a licence to operate.Clients are forbidden from purposefully engaging or utilizing the services of a momentary aid agency unless the agency holds a licence. (Learn more about the relationship in between momentary help firms and customers.).

– Employers, potential companies and other recruiters are restricted from purposefully 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 guideline that will apply.

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 brand-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 momentary help firm and an employer licence.

The ministry’s licensing webpage has actually been upgraded to show these changes. Please go to that website for information.

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