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Under the Employment Standards Act, 2000 (ESA), can require a staff member to provide proof affordable in the circumstances that they are entitled to authorized leave under the ESA.
Effective October 28, 2024, companies can not require workers to offer a certificate from a certified health specialist (a medical note). A “competent health specialist” is an individual who is certified to practice as a physician, registered nurse or psychologist under the laws of the jurisdiction in which care or treatment is provided to the staff member.
ESA maximum fines
A prosecution may be started under Part III of the Provincial Offences Act where an individual is believed to have committed an offense under the ESA. If founded guilty, an individual could be subject to a fine or a regard to imprisonment or both.
Since October 28, 2024, the maximum fine for individuals founded guilty of contravening the ESA has actually increased to $100,000 (up from $50,000).
Definition of staff member
The Employment Standards Act (ESA) defines a worker to consist of a person who:
– performs work for a company for incomes
– supplies services to a company for earnings
– receives training from a company, if the ability they’re being trained on is an ability utilized by the company’s employees
– is a homeworker
– was a worker
On March 21, 2024, the meaning of “training” was expanded to include work carried out during a trial duration. A worker now consists of a person who carries out work during a trial duration for an employer, if the abilities being evaluated throughout the trial period are abilities utilized by the employer’s employees or might be used by employees if there are no other workers. This means the hours worked throughout the trial period should be counted as work time. Discover more about what counts as work time.
Deductions from incomes
The ESA prohibits companies from making deductions from earnings when the company had a money shortage, lost property or had actually home taken and a person besides the staff member had access to the money or residential or employment commercial property.
On March 21, 2024, the ESA was amended to verify that this consists of deductions from wages in “dine and dash”, “gas and dash” and other comparable situations.
Payment of incomes – direct deposit
The ESA needs employers to pay earnings by money, cheque or direct deposit. If the salaries are paid by direct deposit, the account must be in the staff member’s name and employment no one aside from the employee can have access to the account, unless the employee has actually licensed it.
Effective June 21, 2024, an additional requirement will remain in location if the company wants to pay incomes by direct deposit: the account needs to be picked by the worker. This suggests the worker must choose which account to use and the employer can not restrict a staff member’s section by, for example, requiring the employee to utilize an account at a particular monetary institution.
For payments that are to be made after June 20, 2024, a worker deserves to choose the account where their earnings are to be deposited. If a company previously restricted a staff member’s account selection – for instance, by requiring them to utilize an account at a particular monetary organization – it is the company’s responsibility to verify the staff member’s choice of their preferred account before they make the next payment after June 20, 2024. A worker can likewise notify their employer that they want their incomes deposited to a different account and, when that occurs, the company must make the change.
Vacation pay arrangements
The ESA permits a company to pay holiday pay to a staff member on every pay cheque as it collects or at any agreed-upon time, however only with the agreement of the employee. Learn more about when to pay vacation pay.
Effective June 21, 2024, the ESA is changed to clarify that the employee must 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 verifies that such contracts can not be spoken and need to be made in writing (consisting of electronically), constant with how the ministry implements the ESA.
Tips or other gratuities – approaches of payment
Beginning June 21, 2024, companies will be needed to pay pointers or other gratuities by either:
– money
– cheque
– direct deposit
If payment is by money or cheque, the worker should be paid the pointers or other gratuities at the workplace or at some other location consented to electronically or in writing by the staff member.
If payment is made by direct deposit, the account needs to be picked by the employee and remain in the worker’s name. Nobody aside from the staff member can have access to the account, unless the worker has authorized it.
The requirement that the worker select the account implies the worker should choose which account to use, and the employer can not restrict a worker’s choice by, for example, needing the staff member to use an account at a specific banks.
For payments that are to be made after June 20, 2024, a worker has the right to select the account where their pointers are to be deposited. If a company previously limited an employee’s account selection – for example, by requiring them to use an account at a particular banks – it is the company’s obligation to validate the employee’s choice of their desired account before they make the next payment after June 20, 2024. A staff member can also notify their employer that they desire their ideas deposited to a various account and, when that takes place, the company should make the change.
Tips sharing policy
The ESA enables companies, in addition to directors and investors of an employer, to share in suggestions, if specified criteria are satisfied.
Effective June 21, 2024, where an employer has a policy about the employer, director or investor of the employer, sharing in a tip swimming pool, the employer will be needed to publish a copy of that policy in a plainly noticeable place in the office where it is most likely to come to the attention of employees.
The requirement to publish a policy does not require an employer to establish a policy. It applies if a company has a written policy in place or if an employer has a recognized practice of sharing in a tip swimming pool that is regularly used (even if it’s not documented). If the employer has an unwritten but established, employment consistently-applied practice in place, the employer should put the policy in writing and post a copy of the policy.
The ESA does not specify the information that should appear in the policy, as long as the published file is a real copy of the policy that is in place and employment clearly specifies that the company or a director or shareholder of the employer shares in the pointer pool.
Effective, employment June 21, 2024, companies will likewise be needed to keep a copy of every pointers sharing policy that is needed to be published for three years after the policy stops being in effect.
Job posting requirements
On a date to be set by proclamation of the Lieutenant Governor, changes will enter into force that establish new requirements for employers connected to openly advertised job posts.
Temporary assistance firm 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 purposefully engaging or using the services of a momentary aid company unless the firm holds a licence. (Learn more about the relationship in between temporary assistance firms and customers.).
– Employers, prospective employers and other employers are prohibited from intentionally engaging or utilizing the services of any recruiter that does not hold a licence.
Where applications are made before July 1, employment 2024 and a choice 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 modified. The modifications include:
– Adding a surety bond as a brand-new acceptable type of security for all candidates,.
– excusing particular recruiters from the security requirement under specified conditions,.
– changing the application fee and security requirements for entities applying both for a short-lived help company and a recruiter licence.
The ministry’s licensing webpage has been updated to reflect these changes. Please check out that website for details.
