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Under the Employment Standards Act, 2000 (ESA), companies can require a worker to offer evidence affordable in the scenarios that they are entitled to sick leave under the ESA.

Effective October 28, 2024, companies can not require workers to provide a certificate from a qualified health specialist (a medical note). A “certified health practitioner” is an individual who is certified to practice as a physician, signed up nurse or psychologist under the laws of the jurisdiction in which care or job treatment is offered to the worker.

ESA optimum fines

A prosecution might be begun under Part III of the Provincial Offences Act where an individual is believed to have dedicated an offence under the ESA. If founded guilty, a person could be based on a fine or a regard to jail time or both.

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

Definition of employee

The Act (ESA) specifies a worker to include a person who:

– performs work for a company for earnings

– products services to an employer for earnings

– gets training from a company, if the ability they’re being trained on is a skill used by the employer’s employees

– is a homeworker

– was a worker

On March 21, 2024, the meaning of “training” was expanded to include work performed during a trial period. A staff member now consists of a person who performs work throughout a trial duration for a company, if the skills being assessed throughout the trial duration are skills used by the company’s workers or might be utilized by workers if there are no other staff members. This indicates the hours worked throughout the trial period must be counted as work time. Learn more about what counts as work time.

Deductions from salaries

The ESA forbids companies from making reductions from wages when the employer had a cash scarcity, lost residential or commercial property or had home taken and an individual other than the employee had access to the money or property.

On March 21, 2024, the ESA was changed to validate that this consists of reductions from wages in “dine and dash”, “gas and dash” and other comparable scenarios.

Payment of salaries – direct deposit

The ESA requires companies to pay wages by cash, cheque or direct deposit. If the incomes are paid by direct deposit, the account needs to be in the worker’s name and no one other than the worker can have access to the account, unless the employee has actually authorized it.

Effective June 21, 2024, an additional requirement will remain in location if the employer desires to pay incomes by direct deposit: the account must be picked by the staff member. This means the employee needs to choose which account to use and the employer can not restrict a worker’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, a staff member deserves to select the account where their salaries are to be transferred. If a company formerly restricted an employee’s account selection – for example, by needing them to utilize an account at a particular banks – it is the employer’s duty to validate the employee’s choice of their wanted account before they make the next payment after June 20, 2024. An employee can also notify their employer that they want their earnings deposited to a various account and, when that happens, the employer needs to make the change.

Vacation pay agreements

The ESA allows an employer to pay holiday pay to a worker 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 getaway pay.

Effective June 21, 2024, the ESA is changed to clarify that the staff member 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 verbal and should be made in writing (consisting of digitally), constant with how the ministry enforces the ESA.

Tips or other gratuities – methods of payment

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

– cash

– cheque

– direct deposit

If payment is by cash or cheque, the staff member needs to be paid the tips or other gratuities at the work environment or at some other location accepted digitally or in composing by the staff member.

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

The requirement that the employee pick the account implies the staff member must choose which account to use, and the company can not limit a worker’s selection by, for instance, needing the staff member to use an account at a particular banks.

For payments that are to be made after June 20, 2024, a staff member has the right to pick the account where their tips are to be deposited. If an employer formerly restricted a staff member’s account selection – for job instance, by needing them to utilize an account at a specific banks – it is the company’s responsibility to validate the staff member’s selection of their desired account before they make the next payment after June 20, 2024. An employee can likewise notify their company that they desire their pointers deposited to a different account and, when that takes place, the company should make the change.

Tips sharing policy

The ESA allows companies, as well as directors and shareholders of a company, to share in suggestions, if specified requirements are satisfied.

Effective June 21, 2024, where a company has a policy about the company, director or shareholder of the company, sharing in a suggestion swimming pool, the company will be required to publish a copy of that policy in a plainly visible place in the office where it is most likely to come to the attention of employees.

The requirement to publish a policy does not need an employer to develop a policy. It uses if an employer has a written policy in location or if a company has an established practice of sharing in a pointer pool that is regularly applied (even if it’s not jotted down). If the employer has an unwritten but established, consistently-applied practice in place, job the employer needs to put the policy in composing and post a copy of the policy.

The ESA does not define the information that should appear in the policy, as long as the posted document is a real copy of the policy that is in location and clearly mentions that the employer or a director or investor of the company shares in the suggestion pool.

Effective, June 21, 2024, employers will likewise be required to keep a copy of every tips sharing policy that is needed to be posted for three years after the policy stops being in effect.

Job publishing requirements

On a date to be set by proclamation of the Lieutenant Governor, amendments will enter into force that establish brand-new requirements for companies associated with publicly marketed job posts.

Temporary help company and employer 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 restricted from intentionally engaging or utilizing the services of a short-lived assistance firm unless the company holds a licence. (Find out more about the relationship in between temporary help companies and clients.).

– Employers, potential employers and other employers are prohibited 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 choice 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 changes consist of:

– Adding a surety bond as a new appropriate type of security for all candidates,.

– exempting certain recruiters from the security requirement under specified conditions,.

– changing the application charge and security requirements for entities using both for a short-lived assistance agency and a recruiter licence.

The ministry’s licensing webpage has actually been upgraded to show these changes. Please check out that website for details.