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

Effective October 28, 2024, employers can not require staff members to supply a certificate from a competent health professional (a medical note). A “qualified health professional” is a person who is certified to practise as a doctor, signed up 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 commenced under Part III of the Provincial Offences Act where a person is thought to have devoted an offense under the ESA. If convicted, an individual might be based on a fine or a regard to jail time or both.

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

Definition of staff member

The Employment Standards Act (ESA) specifies a staff member to include a person who:

– performs work for a company for earnings

– products services to an employer for incomes

– receives training from a company, if the skill 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 significance of “training” was broadened to consist of work carried out throughout a trial period. A worker now includes an individual who carries out work throughout a trial duration for a company, if the skills being evaluated during the trial period are abilities utilized by the employer’s employees or could be used by employees if there are no other staff members. This means the hours worked during the trial period need to be counted as work time. Discover more about what counts as work time.

Deductions from earnings

The ESA prohibits companies from making reductions from salaries when the company had a cash shortage, lost property or had actually residential or commercial property stolen and an individual other than the employee had access to the cash or home.

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

Payment of earnings – direct deposit

The ESA requires employers to pay earnings by money, 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 worker can have access to the account, unless the staff member has actually licensed it.

Effective June 21, 2024, an extra requirement will be in location if the employer wishes to pay salaries by direct deposit: the account must be chosen by the worker. This suggests the staff member should decide which account to utilize and the employer can not limit a staff member’s area by, for instance, needing the employee to use an account at a particular banks.

For payments that are to be made after June 20, 2024, a staff member deserves to pick the account where their wages are to be deposited. If a company previously restricted a worker’s account choice – for instance, by needing them to utilize an account at a particular financial institution – 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. A worker can likewise alert their employer that they want their earnings deposited to a different account and, when that occurs, the employer should make the modification.

Vacation pay arrangements

The ESA permits a company to pay vacation pay to an employee on every pay cheque as it collects or at any agreed-upon time, but just with the contract of the employee. Learn more about when to pay holiday pay.

Effective June 21, 2024, the ESA is modified to clarify that the worker must make a contract 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 verbal and must 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, employers will be required to pay tips or other gratuities by either:

– cheque

– direct deposit

If payment is by cash or cheque, the worker must be paid the ideas or other gratuities at the office or somalibidders.com at some other location consented to digitally or in writing by the staff member.

If payment is made by direct deposit, the account needs to be chosen by the employee and remain in the employee’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 select the account implies the worker must decide which account to use, referall.us and the company can not limit a staff member’s selection by, for instance, needing the staff member to utilize an account at a specific banks.

For payments that are to be made after June 20, 2024, a worker has the right to pick the account where their ideas are to be deposited. If a company formerly restricted an employee’s account choice – for example, by needing them to utilize an account at a specific monetary organization – it is the employer’s obligation to verify the worker’s selection of their preferred account before they make the next payment after June 20, 2024. An employee can likewise alert their employer that they desire their suggestions deposited to a different account and, when that occurs, the company must make the modification.

Tips sharing policy

The ESA permits employers, in addition to directors and investors of a company, to share in ideas, if defined criteria are met.

Effective June 21, 2024, where an employer has a policy about the company, director or investor of the company, sharing in a tip swimming pool, the company will be needed to post a copy of that policy in a plainly noticeable place in the office where it is most likely to come to the attention of staff members.

The requirement to post a policy does not require a company to establish a policy. It applies if an employer has a written policy in place or if an employer has a recognized practice of sharing in a pointer swimming pool that is regularly applied (even if it’s not jotted down). If the employer has an unwritten but established, consistently-applied practice in location, the company needs to put the policy in writing and post a copy of the policy.

The ESA does not specify the information that must appear in the policy, as long as the posted document is a true copy of the policy that is in location and clearly states that the employer or a director or shareholder of the company shares in the suggestion swimming pool.

Effective, June 21, 2024, companies will likewise be required to keep a copy of every pointers sharing policy that is required to be published 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, changes will come into force that establish brand-new requirements for companies connected to openly marketed task posts.

Temporary aid company and recruiter licensing

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

– Temporary assistance agencies are required to hold a licence to operate.Clients are restricted from intentionally engaging or utilizing the services of a short-lived aid firm unless the agency holds a licence. (Discover more about the relationship between temporary assistance agencies and customers.).

– Employers, potential companies 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, 2024 and a decision is pending, there is a transitional guideline that will use.

On April 29, 2024, O. Reg. 99/23 – Licensing Temporary Help Agencies and Recruiters was amended. The modifications include:

– Adding a surety bond as a new acceptable kind of security for all applicants,.

– excusing specific recruiters from the security requirement under specified conditions,.

– altering the application cost and security requirements for entities using both for a short-term aid firm and a recruiter licence.

The ministry’s licensing web page has been upgraded to reflect these modifications. Please check out that webpage for information.