Under the Employment Standards Act, 2000 (ESA), employers can need a staff member to provide proof affordable in the situations that they are entitled to authorized leave under the ESA.
Effective October 28, 2024, companies can not need employees to provide a certificate from a competent health practitioner (a medical note). A "qualified health practitioner" is an individual who is certified to practice as a doctor, signed up 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 commenced under Part III of the Provincial Offences Act where an individual is thought to have actually committed an offence under the ESA. If convicted, a person could be based on a fine or a term of 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) defines a worker to consist of an individual who:
- carries out work for an employer for wages
- supplies services to an employer for incomes
- gets training from a company, employment 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 meaning of "training" was expanded to include work carried out during a trial period. A worker now includes an individual who performs work during a trial duration for an employer, if the abilities being examined during the trial duration are skills utilized by the company's staff members or could be used by workers if there are no other workers. This indicates the hours worked throughout the trial period need to be counted as work time. Learn more about what counts as work time.
Deductions from salaries
The ESA restricts employers from making reductions from incomes when the employer had a money shortage, lost property or had actually home taken and employment an individual other than the staff member had access to the money or home.
On March 21, 2024, the ESA was modified to validate that this consists of deductions from earnings in "dine and rush", "gas and dash" and other comparable situations.
Payment of earnings - direct deposit
The ESA needs employers to pay wages by money, cheque or direct deposit. If the incomes are paid by direct deposit, the account should remain in the worker's name and no one aside from the employee can have access to the account, employment unless the staff member has licensed it.
Effective June 21, 2024, employment an extra requirement will remain in place if the company wishes to pay incomes by direct deposit: the account needs to be picked by the employee. This means the staff member should choose which account to use and the employer can not restrict a worker's section by, for instance, needing the worker to utilize an account at a specific monetary organization.
For payments that are to be made after June 20, 2024, an employee deserves to select the account where their earnings are to be transferred. If an employer previously restricted a worker's account choice - for instance, by requiring them to utilize an account at a specific monetary institution - it is the employer's obligation to validate the employee's selection of their wanted account before they make the next payment after June 20, 2024. An employee can also notify their company that they desire their salaries deposited to a different account and, when that happens, the employer should make the modification.
Vacation pay arrangements
The ESA allows a company to pay trip pay to a worker on every pay cheque as it builds up or at any agreed-upon time, but just with the agreement of the staff member. Discover more about when to pay trip pay.
Effective June 21, 2024, the ESA is amended to clarify that the worker needs to make a contract with the employer in order for the employer to be able to pay holiday pay on every pay cheque or at an agreed-upon time. This verifies that such contracts can not be spoken and should be made in composing (consisting of digitally), consistent with how the ministry enforces the ESA.
Tips or other gratuities - approaches 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 should be paid the ideas or other gratuities at the workplace or 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 picked by the employee and be in the employee's name. Nobody other than the employee can have access to the account, unless the staff member has actually licensed it.
The requirement that the staff member select the account implies the worker should decide which account to use, and the company can not restrict a worker's choice by, for example, needing the employee to use an account at a specific monetary institution.
For payments that are to be made after June 20, 2024, an employee deserves to select the account where their suggestions are to be deposited. If a company formerly limited a staff member's account selection - for instance, by requiring them to use an account at a specific banks - it is the employer's duty to verify the staff member's choice of their preferred account before they make the next payment after June 20, 2024. A staff member can likewise notify their employer that they desire their tips deposited to a different account and, when that takes place, the employer should make the modification.
Tips sharing policy
The ESA permits employers, as well as directors and shareholders of a company, to share in tips, if specified criteria are met.
Effective June 21, 2024, where a company has a policy about the employer, director or shareholder of the company, sharing in a suggestion swimming pool, the employer will be needed to post a copy of that policy in a plainly visible location in the office where it is likely to come to the attention of employees.
The requirement to publish a policy does not need 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 pointer swimming pool that is regularly applied (even if it's not made a note of). If the employer has an unwritten however established, employment consistently-applied practice in location, the employer must 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 posted file is a true copy of the policy that remains in place and plainly states that the company or a director or investor of the company shares in the tip swimming pool.
Effective, June 21, 2024, companies will also be required to keep a copy of every tips sharing policy that is required to be posted 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, amendments will enter into force that develop new requirements for employers associated with openly advertised task posts.
Temporary aid company and employer licensing
Beginning on July 1, 2024 under the Employment Standards Act, employment 2000 (ESA):
- Temporary help agencies are required to hold a licence to operate.Clients are forbidden from knowingly engaging or utilizing the services of a temporary assistance company unless the company holds a licence. (Discover more about the relationship between short-term help companies and clients.).
- Employers, and other recruiters are restricted from purposefully engaging or using the services of any employer that does not hold a licence.
Where applications are made before July 1, 2024 and a decision 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 amended. The changes consist of:
- Adding a surety bond as a brand-new appropriate kind of security for all candidates,.
- exempting certain recruiters from the security requirement under defined conditions,.
- altering the application cost and security requirements for entities using both for a temporary assistance company and an employer licence.
The ministry's licensing web page has actually been upgraded to reflect these modifications. Please check out that web page for information.