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Under the Employment Standards Act, 2000 (ESA), employers can require an employee to offer evidence affordable in the situations that they are entitled to ill leave under the ESA.

Effective October 28, 2024, companies can not require employees to supply a certificate from a qualified 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 optimum fines

A prosecution may be begun under Part III of the Provincial Offences Act where an individual is thought to have committed an offense under the ESA. If founded guilty, employment a person could be subject to a fine or a term of jail time or both.

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

Definition of worker

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

– carries out work for an employer for employment wages

– materials to an employer for incomes

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

– is a homeworker

– was a staff member

On March 21, 2024, the significance of “training” was expanded to include work performed during a trial duration. A worker now consists of a person who performs work during a trial duration for a company, if the skills being examined throughout the trial period are skills used by the employer’s workers or could be used by staff members if there are no other workers. This implies the hours worked during the trial duration need to be counted as work time. Learn more about what counts as work time.

Deductions from incomes

The ESA restricts companies from making reductions from earnings when the employer had a money lack, lost home or had home stolen and an individual aside from the staff member had access to the money or property.

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

Payment of incomes – direct deposit

The ESA needs companies to pay incomes by cash, cheque or direct deposit. If the salaries are paid by direct deposit, the account must remain in the employee’s name and nobody besides the employee can have access to the account, unless the worker has actually licensed it.

Effective June 21, 2024, an additional requirement will remain in place if the company wants to pay incomes by direct deposit: the account must be chosen by the employee. This indicates the staff member must decide which account to utilize and the employer can not restrict a staff member’s section by, for example, requiring the staff member to use an account at a particular financial institution.

For payments that are to be made after June 20, 2024, a staff member has the right to pick the account where their incomes are to be deposited. If an employer previously limited a worker’s account selection – for example, by requiring them to use an account at a particular monetary institution – it is the employer’s duty to validate the staff member’s choice of their preferred account before they make the next payment after June 20, 2024. A staff member can likewise alert their company that they want their wages transferred to a different account and, when that takes place, the employer must make the modification.

Vacation pay arrangements

The ESA allows an employer to pay trip pay to an employee on every pay cheque as it builds up or at any agreed-upon time, however just with the contract of the worker. Discover more about when to pay vacation pay.

Effective June 21, 2024, the ESA is modified to clarify that the worker should make an agreement with the company in order for the employer to be able to pay getaway pay on every pay cheque or at an agreed-upon time. This confirms that such contracts can not be verbal and should be made in writing (consisting of digitally), constant with how the ministry implements the ESA.

Tips or other gratuities – methods of payment

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

– cash

– cheque

– direct deposit

If payment is by cash or cheque, the staff member must be paid the tips or other gratuities at the workplace or at some other place consented to electronically or in writing by the employee.

If payment is made by direct deposit, the account should be selected by the staff member and be in the staff member’s name. Nobody other than the worker can have access to the account, employment unless the staff member has actually authorized it.

The requirement that the worker choose the account indicates the worker must choose which account to utilize, and the employer can not restrict a worker’s selection by, for instance, requiring the worker to utilize an account at a specific monetary institution.

For payments that are to be made after June 20, 2024, an employee has the right to select the account where their tips are to be deposited. If a company previously restricted a worker’s account selection – for instance, by requiring them to utilize an account at a particular banks – it is the employer’s responsibility to confirm the staff member’s selection of their preferred account before they make the next payment after June 20, 2024. A staff member can also notify their employer that they want their pointers deposited to a various account and, when that occurs, the company must make the change.

Tips sharing policy

The ESA allows employers, as well as directors and investors of a company, to share in tips, if specified requirements are fulfilled.

Effective June 21, 2024, where an employer has a policy about the company, director or investor of the employer, sharing in a suggestion pool, the company will be needed to post a copy of that policy in a plainly visible place in the work environment where it is likely to come to the attention of workers.

The requirement to publish a policy does not require an employer to develop a policy. It uses if a company has a written policy in location or if a company has a recognized practice of sharing in a pointer pool that is consistently applied (even if it’s not jotted down). If the company has an unwritten but recognized, employment consistently-applied practice in location, the employer should put the policy in writing and publish a copy of the policy.

The ESA does not specify the information that should appear in the policy, as long as the published document is a true copy of the policy that is in place and clearly mentions that the employer or a director employment or shareholder of the employer shares in the idea pool.

Effective, June 21, 2024, companies will also be needed to keep a copy of every suggestions sharing policy that is required 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 force that establish brand-new requirements for employers associated with publicly advertised task postings.

Temporary help agency 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 forbidden from knowingly engaging or using the services of a momentary aid firm unless the company holds a licence. (Find out more about the relationship in between short-lived aid agencies and customers.).

– Employers, potential companies and other recruiters are prohibited from knowingly engaging or using 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 apply.

On April 29, 2024, O. Reg. 99/23 – Licensing Temporary Help Agencies and Recruiters was modified. The changes consist of:

– Adding a surety bond as a new appropriate type of security for all candidates,.

– excusing certain employers from the security requirement under specified conditions,.

– altering the application charge and security requirements for entities applying both for a momentary help firm and a recruiter licence.

The ministry’s licensing web page has been updated to reflect these changes. Please go to that website for details.