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Under the Employment Standards Act, 2000 (ESA), employers can need an employee to offer evidence sensible in the scenarios that they are entitled to sick leave under the ESA.

Effective October 28, 2024, employers can not require workers to offer a certificate from a competent health practitioner (a medical note). A “qualified health professional” is a person who is certified to practise as a physician, registered nurse or psychologist under the laws of the jurisdiction in which care or treatment is supplied to the staff member.

ESA maximum fines

A prosecution might be begun under Part III of the Provincial Offences Act where an individual is believed to have actually devoted an offence under the ESA. If founded guilty, an individual might be subject to a fine or a regard to imprisonment or both.

Since October 28, 2024, employment the maximum fine for individuals 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 staff member to include a person who:

– performs work for a company for wages

– products services to an employer for salaries

– receives training from an employer, if the skill they’re being trained on is a skill utilized by the company’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 duration. An employee now includes a person who carries out work throughout a trial period for a company, if the skills being evaluated during the trial duration are skills utilized by the company’s workers or might be used by workers if there are no other staff members. This implies the hours worked during the trial duration must be counted as work time. Learn more about what counts as work time.

Deductions from earnings

The ESA prohibits employers from making deductions from earnings when the employer had a money scarcity, lost property or employment had residential or commercial property stolen and an individual other than the staff member had access to the money or residential or commercial property.

On March 21, 2024, the ESA was modified to confirm that this consists of deductions from wages in “dine and dash”, “gas and dash” and other similar circumstances.

Payment of incomes – direct deposit

The ESA requires companies to pay wages by cash, cheque or direct deposit. If the salaries are paid by direct deposit, employment the account should remain in the staff member’s name and 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 place if the company wishes to pay salaries by direct deposit: the account must be selected by the worker. This implies the employee should decide which account to utilize and the employer can not restrict a worker’s section by, for example, needing the worker to utilize an account at a specific banks.

For payments that are to be made after June 20, 2024, a staff member has the right to pick the account where their wages are to be transferred. If a company formerly limited a staff member’s account choice – for example, by needing them to use an account at a specific banks – it is the employer’s duty to verify the worker’s choice of their preferred account before they make the next payment after June 20, 2024. An employee can also alert their company that they want their incomes transferred to a various account and, when that occurs, the employer must make the change.

Vacation pay contracts

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

Effective June 21, 2024, employment the ESA is modified to clarify that the worker needs to make an agreement with the company in order for the company 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 spoken and must be made in composing (including digitally), consistent with how the ministry enforces the ESA.

Tips or other gratuities – methods of payment

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

– money

– cheque

– direct deposit

If payment is by money or cheque, the worker needs to be paid the pointers or other gratuities at the office or at some other place agreed to digitally or in writing by the worker.

If payment is made by direct deposit, the account needs to be selected by the staff member and be in the employee’s name. Nobody besides the worker can have access to the account, unless the employee has licensed it.

The requirement that the staff member select the account indicates the staff member should decide which account to use, and the employer can not restrict a worker’s selection by, for example, requiring the worker to utilize an account at a specific banks.

For payments that are to be made after June 20, 2024, an employee deserves to select the account where their tips are to be transferred. If a company formerly restricted an employee’s account choice – for example, by needing them to utilize an account at a specific banks – it is the employer’s obligation to confirm the worker’s choice of their preferred account before they make the next payment after June 20, 2024. An can also alert their employer that they want their pointers deposited to a different account and, when that occurs, the company must make the change.

Tips sharing policy

The ESA enables employers, as well as directors and shareholders of an employer, to share in tips, if defined criteria are satisfied.

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

The requirement to post a policy does not need a company to develop a policy. It uses if a company has a written policy in place or if an employer has a recognized practice of sharing in a tip pool that is consistently used (even if it’s not jotted down). If the company has an unwritten however established, consistently-applied practice in place, the employer must put the policy in writing and post a copy of the policy.

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

Effective, June 21, 2024, employers will likewise be needed to keep a copy of every suggestions sharing policy that is needed 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, modifications will come into force that develop brand-new requirements for companies associated with openly marketed job postings.

Temporary assistance company and recruiter licensing

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

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

– Employers, potential employers and other employers are restricted from intentionally 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 include:

– Adding a surety bond as a brand-new appropriate kind of security for all applicants,.

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

– changing the application fee and security requirements for entities applying both for a short-lived help firm and an employer licence.

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