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Under the Employment Standards Act, 2000 (ESA), employers can require a worker to provide proof sensible in the scenarios that they are entitled to authorized leave under the ESA.

Effective October 28, 2024, companies can not require workers to offer a certificate from a competent health practitioner (a medical note). A «competent health practitioner» is an individual who is qualified to practice 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 may be commenced under Part III of the Provincial Offences Act where an individual is believed to have actually committed an offence under the ESA. If convicted, a person might be based on a fine or referall.us a term of imprisonment or both.

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

Definition of worker

The Employment Standards Act (ESA) specifies a worker to consist of an individual who:

– carries out work for an employer for wages

– materials services to a company for salaries

– receives training from an employer, if the skill they’re being trained on is an ability used by the employer’s staff members

– is a homeworker

– was an employee

On March 21, 2024, the meaning of «training» was expanded to include work carried out during a trial duration. A staff member now includes a person who carries out work throughout a trial duration for a company, if the abilities being assessed throughout the trial duration are skills utilized by the company’s workers or could be used by staff members if there are no other staff members. This implies the hours worked during the trial duration should be counted as work time. Discover more about what counts as work time.

Deductions from salaries

The ESA restricts employers from making reductions from incomes when the company had a cash scarcity, lost residential or commercial property or had actually home taken and a person besides the worker had access to the cash or home.

On March 21, 2024, the ESA was changed to confirm that this consists of deductions from salaries in «dine and dash», «gas and dash» and other comparable circumstances.

Payment of earnings – direct deposit

The ESA needs employers to pay earnings by cash, cheque or direct deposit. If the wages are paid by direct deposit, the account needs to remain in the staff member’s name and no one aside from the employee can have access to the account, unless the staff member has actually licensed it.

Effective June 21, 2024, an additional requirement will be in location if the company wants to pay salaries by direct deposit: the account must be chosen by the employee. This indicates the worker needs to choose which account to utilize and the company can not restrict an employee’s section by, for instance, requiring the staff member to use an account at a specific banks.

For payments that are to be made after June 20, 2024, a worker has the right to select the account where their wages are to be transferred. If an employer formerly limited an employee’s account selection – for example, by requiring them to utilize an account at a specific banks – it is the employer’s duty to validate the staff member’s selection of their desired account before they make the next payment after June 20, 2024. A staff member can likewise alert their employer that they desire their salaries transferred to a various account and, when that takes place, the company must make the modification.

Vacation pay agreements

The ESA enables an employer to pay holiday pay to a staff member on every pay cheque as it accumulates or at any agreed-upon time, but only with the arrangement of the employee. Discover more about when to pay holiday pay.

Effective June 21, 2024, the ESA is modified to clarify that the worker should make an arrangement with the employer in order for the company to be able to pay holiday pay on every pay cheque or at an agreed-upon time. This verifies that such arrangements can not be verbal and should be made in writing (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:

– cash

– cheque

– direct deposit

If payment is by cash or cheque, the worker should be paid the pointers or other gratuities at the work environment or at some other place consented to digitally or in composing by the staff member.

If payment is made by direct deposit, the account must be picked by the worker and be in the worker’s name. Nobody besides the employee can have access to the account, unless the worker has actually authorized it.

The requirement that the staff member choose the account indicates the employee must choose which account to utilize, and the employer can not limit a worker’s choice by, for instance, needing the employee to utilize 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 tips are to be transferred. If a company previously restricted an employee’s account selection – for example, by needing them to utilize an account at a particular financial institution – it is the company’s duty to verify the staff member’s choice of their desired account before they make the next payment after June 20, 2024. An employee can likewise inform their employer that they desire their tips deposited to a different account and, when that happens, the employer needs to make the change.

Tips sharing policy

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

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 company will be required to post a copy of that policy in a clearly visible location in the workplace 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 has a written policy in location or if a company has a recognized practice of sharing in a suggestion swimming pool that is regularly applied (even if it’s not documented). If the employer has an unwritten but recognized, consistently-applied practice in place, the employer should put the policy in writing and post a copy of the policy.

The ESA does not define the info that must appear in the policy, as long as the posted document is a real copy of the policy that is in place and clearly specifies that the company or a director or investor of the employer shares in the suggestion swimming pool.

Effective, June 21, 2024, employers will likewise be required to keep a copy of every pointers 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 come into force that develop brand-new requirements for employers connected to publicly advertised job posts.

Temporary help agency and recruiter licensing

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

– Temporary aid companies are required to hold a licence to operate.Clients are forbidden from purposefully engaging or using the services of a short-lived help firm unless the firm holds a licence. (Discover more about the relationship between momentary aid agencies and customers.).

– Employers, prospective employers and other employers are prohibited from purposefully engaging or utilizing 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 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 brand-new acceptable type of security for all applicants,.

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

– altering the application cost and security requirements for entities using both for a short-lived help company and a recruiter licence.

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