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Under the Employment Standards Act, 2000 (ESA), employers can need a worker to provide proof affordable in the situations that they are entitled to sick leave under the ESA.

Effective October 28, 2024, can not need employees to offer a certificate from a certified health professional (a medical note). A “competent health practitioner” is a person who is qualified to practise as a physician, employment registered nurse or psychologist under the laws of the jurisdiction in which care or treatment is provided to the worker.

ESA optimum fines

A prosecution might be commenced under Part III of the Provincial Offences Act where an individual is thought to have devoted an offence under the ESA. If convicted, an individual could be based on a fine or a regard to imprisonment or both.

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

Definition of worker

The Employment Standards Act (ESA) defines a staff member to include an individual who:

– performs work for a company for incomes

– supplies services to an employer for earnings

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

– is a homeworker

– was a worker

On March 21, 2024, employment the meaning of “training” was broadened to include work carried out throughout a trial period. A worker now consists of a person who performs work throughout a trial period for an employer, if the skills being examined throughout the trial duration are skills utilized by the company’s workers or could be utilized by employees if there are no other employees. This implies the hours worked during the trial duration must be counted as work time. Find out more about what counts as work time.

Deductions from incomes

The ESA forbids companies from making deductions from wages when the employer had a cash lack, lost property or had actually property stolen and an individual 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 includes deductions from wages in “dine and dash”, “gas and dash” and other comparable scenarios.

Payment of wages – direct deposit

The ESA requires employers to pay salaries by money, cheque or direct deposit. If the salaries are paid by direct deposit, the account needs to remain in the staff member’s name and no one besides the staff member can have access to the account, unless the staff member has authorized it.

Effective June 21, 2024, an additional requirement will be in location if the employer desires to pay wages by direct deposit: the account needs to be chosen by the worker. This indicates the employee must decide which account to utilize and the employer can not limit an employee’s section by, for instance, requiring the employee to utilize an account at a specific banks.

For payments that are to be made after June 20, 2024, a worker deserves to select the account where their wages are to be deposited. If an employer formerly restricted a worker’s account choice – for instance, by needing them to use an account at a particular banks – it is the employer’s duty to confirm the worker’s selection of their preferred account before they make the next payment after June 20, 2024. A worker can likewise notify their employer that they want their wages deposited to a various account and, when that takes place, the company should make the change.

Vacation pay arrangements

The ESA allows an employer to pay holiday pay to a worker on every pay cheque as it accumulates or at any agreed-upon time, however just with the agreement of the staff member. Discover more about when to pay holiday pay.

Effective June 21, 2024, the ESA is changed to clarify that the employee must make a contract with the company in order for the company to be able to pay getaway 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 composing (consisting of digitally), constant with how the ministry imposes the ESA.

Tips or other gratuities – methods of payment

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

– money

– cheque

– direct deposit

If payment is by cash or cheque, the employee must be paid the tips or other gratuities at the office or at some other location consented to electronically or in writing by the worker.

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

The requirement that the staff member select the account suggests the employee needs to decide which account to use, and the employer can not limit a worker’s selection by, for example, needing the worker to use an account at a particular monetary institution.

For payments that are to be made after June 20, 2024, an employee has the right to choose the account where their ideas are to be deposited. If an employer formerly limited an employee’s account selection – for example, by requiring them to utilize an account at a particular financial institution – it is the employer’s obligation to confirm the worker’s choice of their preferred account before they make the next payment after June 20, 2024. An employee can likewise notify their employer that they desire their ideas deposited to a various account and, when that takes place, the employer must make the modification.

Tips sharing policy

The ESA allows employers, along with directors and investors of a company, to share in tips, if specified criteria are satisfied.

Effective June 21, 2024, where a company has a policy about the employer, director or investor of the employer, sharing in a tip swimming pool, the company will be needed to post a copy of that policy in a plainly noticeable location in the workplace where it is most likely to come to the attention of employees.

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

The ESA does not define the information that needs to appear in the policy, as long as the posted file is a real copy of the policy that is in place and plainly specifies that the company or a director or shareholder of the employer shares in the pointer swimming pool.

Effective, June 21, employment 2024, companies will also be required to keep a copy of every tips sharing policy that is required to be published for 3 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 enter into force that develop brand-new requirements for employers connected to publicly marketed task postings.

Temporary help company and employer licensing

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

– Temporary assistance agencies are needed to hold a licence to operate.Clients are restricted from purposefully engaging or using the services of a short-lived aid company unless the firm holds a licence. (Discover more about the relationship between short-term assistance firms and customers.).

– Employers, potential employers and other recruiters are prohibited from knowingly 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 changed. The changes include:

– Adding a surety bond as a brand-new appropriate form of security for all applicants,.

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

– altering the application fee and security requirements for entities applying both for a short-lived assistance agency and a recruiter licence.

The ministry’s licensing web page has been upgraded to show these modifications. Please go to that webpage for information.