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Under the Employment Standards Act, 2000 (ESA), companies can need an employee to supply proof affordable in the situations that they are entitled to authorized leave under the ESA.
Effective October 28, 2024, employers can not require employees to offer a certificate from a certified health professional (a medical note). A “competent health professional” 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 provided to the employee.
ESA maximum fines
A prosecution might be commenced under Part III of the Provincial Offences Act where a person is thought 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, the maximum fine for people convicted of contravening the ESA has increased to $100,000 (up from $50,000).
Definition of employee
The Employment Standards Act (ESA) defines an employee to consist of an individual who:
– performs work for an employer for earnings
– products services to a company for incomes
– receives training from a company, job if the ability they’re being trained on is a skill used by the company’s workers
– is a homeworker
– was an employee
On March 21, 2024, the significance of “training” was broadened to include work performed throughout a trial period. An employee now consists of an individual who performs work throughout a trial duration for a company, if the skills being examined during the trial period are skills used by the employer’s employees or job might be used by staff members if there are no other staff members. This implies the hours worked throughout the trial period should be counted as work time. Find out more about what counts as work time.
Deductions from earnings
The ESA prohibits companies from making deductions from salaries when the employer had a money shortage, lost property or had actually residential or commercial property taken and a person besides the worker had access to the cash or property.
On March 21, 2024, the ESA was modified to verify that this includes deductions from wages in “dine and dash”, “gas and dash” and other similar circumstances.
Payment of salaries – direct deposit
The ESA requires companies to pay salaries by money, cheque or direct deposit. If the earnings are paid by direct deposit, the account should remain in the employee’s name and no one other than the worker can have access to the account, unless the employee has licensed it.
Effective June 21, 2024, an extra requirement will remain in if the employer wishes to pay earnings by direct deposit: the account must be chosen by the employee. This means the employee should decide which account to utilize and the company can not restrict a staff member’s area by, for instance, requiring the employee to utilize an account at a specific financial institution.
For payments that are to be made after June 20, 2024, an employee can select the account where their wages are to be transferred. If a company previously limited an employee’s account selection – for example, by needing them to utilize an account at a specific banks – it is the company’s responsibility to validate the worker’s choice of their wanted account before they make the next payment after June 20, 2024. A worker can also inform their employer that they want their earnings transferred to a various account and, when that happens, the employer needs to make the change.
Vacation pay arrangements
The ESA enables 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 contract of the worker. Learn more about when to pay vacation pay.
Effective June 21, 2024, the ESA is changed to clarify that the worker needs to make a contract with the employer in order for the employer to be able to pay trip pay on every pay cheque or at an agreed-upon time. This validates that such arrangements can not be spoken and should be made in writing (including electronically), constant with how the ministry imposes the ESA.
Tips or other gratuities – methods of payment
Beginning June 21, 2024, companies will be needed to pay suggestions or other gratuities by either:
– money
– cheque
– direct deposit
If payment is by money or cheque, the employee must be paid the suggestions or other gratuities at the work environment or at some other location consented to digitally or in composing by the worker.
If payment is made by direct deposit, the account needs to be selected by the employee and remain in the worker’s name. Nobody besides the staff member can have access to the account, unless the worker has licensed it.
The requirement that the employee choose the account means the worker needs to decide which account to utilize, and the employer can not restrict an employee’s selection by, for instance, requiring the worker to use an account at a specific banks.
For payments that are to be made after June 20, 2024, an employee can select the account where their ideas are to be transferred. If a company formerly restricted a staff member’s account choice – for instance, by needing them to utilize an account at a specific financial organization – it is the company’s responsibility to verify the worker’s choice of their preferred account before they make the next payment after June 20, 2024. An employee can likewise notify their company that they desire their ideas deposited to a different account and, when that occurs, the company needs to make the modification.
Tips sharing policy
The ESA allows employers, in addition to directors and shareholders of an employer, to share in suggestions, if specified requirements are satisfied.
Effective June 21, 2024, where a company has a policy about the employer, director or investor of the employer, job sharing in a suggestion swimming pool, the employer will be required to publish a copy of that policy in a clearly noticeable location in the work environment 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 location or if a company has a recognized practice of sharing in a tip pool that is regularly applied (even if it’s not made a note of). If the employer has an unwritten but recognized, consistently-applied practice in place, the company needs to put the policy in writing and post a copy of the policy.
The ESA does not define the details that must appear in the policy, as long as the published document is a real copy of the policy that is in place and clearly mentions that the company or a director or investor of the company shares in the pointer swimming pool.
Effective, June 21, 2024, companies will likewise be needed to keep a copy of every tips sharing policy that is needed to be published for three 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 develop brand-new requirements for employers connected to openly advertised job postings.
Temporary assistance company and recruiter licensing
Beginning on July 1, 2024 under the Employment Standards Act, 2000 (ESA):
– Temporary help firms are required to hold a licence to operate.Clients are forbidden from purposefully engaging or using the services of a temporary assistance agency unless the agency holds a licence. (Learn more about the relationship between short-lived assistance agencies and customers.).
– Employers, potential employers and other recruiters are prohibited from knowingly 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 consist of:
– Adding a surety bond as a brand-new appropriate type of security for all candidates,.
– exempting particular employers from the security requirement under defined conditions,.
– altering the application charge and security requirements for entities using both for a temporary help company and an employer licence.
The ministry’s licensing web page has been upgraded to reflect these modifications. Please check out that web page for information.
