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Under the Employment Standards Act, 2000 (ESA), employers can need a staff member to offer evidence reasonable in the circumstances that they are entitled to authorized leave under the ESA.

Effective October 28, 2024, companies can not need employees to offer a certificate from a qualified health professional (a medical note). A « competent health practitioner » is an individual who is qualified to practise as a physician, signed up nurse or psychologist under the laws of the jurisdiction in which care or treatment is provided to the staff member.

ESA optimum fines

A prosecution might be commenced 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, a person might be based on a fine or a regard to imprisonment or both.

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

Definition of staff member

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

– carries out work for an employer for incomes

– supplies services to a company for earnings

– receives training from a company, if the ability they’re being trained on is an ability used by the employer’s workers

– is a homeworker

– was an employee

On March 21, 2024, job the meaning of « training » was expanded to include work carried out during a trial duration. An employee now includes a person who carries out work throughout a trial duration for an employer, if the skills being examined during the trial period are skills used by the employer’s workers or might be utilized by employees if there are no other workers. This suggests the hours worked throughout the trial duration should be counted as work time. Find out more about what counts as work time.

Deductions from incomes

The ESA restricts companies from making reductions from incomes when the employer had a cash lack, lost home or had property taken and a person other than the worker had access to the cash or residential or commercial property.

On March 21, 2024, the ESA was amended to confirm that this consists of reductions from earnings in « dine and rush », « gas and dash » and other comparable situations.

Payment of wages – direct deposit

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

Effective June 21, 2024, an extra requirement will be in location if the employer wishes to pay wages by direct deposit: job the account needs to be picked by the staff member. This implies the worker must choose which account to utilize and the company can not restrict an employee’s section by, for example, job needing the staff member to utilize an account at a particular financial organization.

For that are to be made after June 20, 2024, a staff member can select the account where their salaries are to be transferred. If an employer formerly limited a worker’s account selection – for instance, by needing them to use an account at a particular banks – it is the employer’s duty to verify the staff member’s selection of their preferred account before they make the next payment after June 20, 2024. A worker can also inform their employer that they desire their salaries transferred to a various account and, when that happens, the employer should make the change.

Vacation pay contracts

The ESA permits an employer to pay holiday pay to a staff member on every pay cheque as it collects or at any agreed-upon time, however just with the contract of the employee. Discover more about when to pay getaway pay.

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

Tips or other gratuities – approaches of payment

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

– cash

– cheque

– direct deposit

If payment is by cash or cheque, the employee must be paid the pointers or other gratuities at the work environment or at some other place consented to electronically or in writing by the worker.

If payment is made by direct deposit, the account should be chosen by the employee and remain in the employee’s name. Nobody aside from the worker can have access to the account, unless the staff member has licensed it.

The requirement that the employee choose the account indicates the worker needs to choose which account to use, and the employer can not limit an employee’s choice by, for example, requiring the staff member to use an account at a specific banks.

For payments that are to be made after June 20, 2024, an employee deserves to pick the account where their ideas are to be transferred. If a company previously limited a worker’s account choice – for instance, by requiring them to utilize an account at a specific financial institution – it is the company’s obligation to confirm the worker’s selection of their preferred account before they make the next payment after June 20, 2024. An employee can likewise alert their employer that they desire their ideas deposited to a various account and, when that happens, the company must make the modification.

Tips sharing policy

The ESA enables employers, as well as directors and shareholders of a company, to share in ideas, job if defined criteria are satisfied.

Effective June 21, 2024, where a company has a policy about the employer, director or shareholder of the employer, sharing in a suggestion pool, the employer will be required to publish a copy of that policy in a clearly visible location in the office where it is likely to come to the attention of staff members.

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

The ESA does not specify the info that must appear in the policy, as long as the posted file is a true copy of the policy that is in location and clearly mentions that the employer or a director or shareholder of the company shares in the tip swimming pool.

Effective, June 21, 2024, companies will also be needed to keep a copy of every suggestions sharing policy that is required to be posted for 3 years after the policy stops being in impact.

Job publishing requirements

On a date to be set by pronouncement of the Lieutenant Governor, amendments will enter force that develop new requirements for companies related to openly marketed task postings.

Temporary assistance company and employer licensing

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

– Temporary aid firms are needed to hold a licence to operate.Clients are forbidden from intentionally engaging or job utilizing the services of a momentary aid agency unless the company holds a licence. (Discover more about the relationship between short-term aid agencies and customers.).

– Employers, prospective companies 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 choice is pending, there is a transitional guideline 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 acceptable kind of security for all applicants,.

– exempting particular employers from the security requirement under specified conditions,.

– changing the application fee and security requirements for entities applying both for a temporary help agency and an employer licence.

The ministry’s licensing website has been updated to reflect these modifications. Please check out that webpage for details.