Under the Employment Standards Act, 2000 (ESA), employers can need a staff member to offer proof reasonable in the scenarios that they are entitled to authorized leave under the ESA.
Effective October 28, 2024, companies can not need staff members to provide a certificate from a competent health professional (a medical note). A "competent health professional" is an individual who is qualified to practise as a doctor, registered nurse or psychologist under the laws of the jurisdiction in which care or treatment is provided to the staff member.
ESA maximum fines
A prosecution might be commenced under Part III of the Provincial Offences Act where an individual is believed to have actually dedicated an offense under the ESA. If convicted, an individual might be based on a fine or a regard to imprisonment or both.
Since 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 employee
The Employment Standards Act (ESA) defines a worker to of a person who:
- carries out work for a company for wages
- products services to an employer for incomes
- receives training from a company, if the ability they're being trained on is an ability utilized by the company's workers
- is a homeworker
- was an employee
On March 21, 2024, the significance of "training" was broadened to consist of work carried out throughout a trial duration. An employee now consists of a person who carries out work during a trial duration for an employer, if the abilities being evaluated throughout the trial period are abilities used by the employer's workers or might be used by employees if there are no other workers. This implies the hours worked throughout the trial duration must be counted as work time. Learn more about what counts as work time.
Deductions from earnings
The ESA forbids companies from making deductions from incomes when the company had a cash scarcity, lost home or had home stolen and a person aside from the worker had access to the cash or home.
On March 21, 2024, the ESA was modified to validate that this includes deductions from incomes in "dine and dash", "gas and dash" and other comparable situations.
Payment of earnings - direct deposit
The ESA needs companies to pay earnings by cash, cheque or direct deposit. If the wages are paid by direct deposit, the account should remain in the worker's name and no one besides the worker can have access to the account, unless the worker has authorized it.
Effective June 21, 2024, an additional requirement will remain in place if the employer wishes to pay incomes by direct deposit: the account needs to be picked by the worker. This suggests the staff member needs to choose which account to use and the employer can not restrict a worker's area by, for example, needing the worker to utilize an account at a specific banks.
For payments that are to be made after June 20, 2024, a worker has the right to pick the account where their salaries are to be deposited. If an employer previously restricted an employee's account selection - for instance, by requiring them to utilize an account at a specific banks - it is the company'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 earnings transferred to a various account and, when that takes place, the employer should make the change.
Vacation pay arrangements
The ESA enables an employer to pay trip pay to a worker 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 vacation pay.
Effective June 21, 2024, the ESA is modified to clarify that the worker needs to make an arrangement with the company in order for the company to be able to pay trip pay on every pay cheque or at an agreed-upon time. This validates that such contracts can not be spoken and must be made in writing (consisting of electronically), constant with how the ministry imposes the ESA.
Tips or other gratuities - approaches 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 money or cheque, the staff member should be paid the suggestions or other gratuities at the work environment or at some other location concurred to digitally or in composing by the employee.
If payment is made by direct deposit, the account should be selected by the employee and be in the staff member's name. Nobody besides the employee can have access to the account, unless the employee has actually authorized it.
The requirement that the worker select the account suggests the worker must choose which account to use, gratisafhalen.be and the company can not restrict a staff member's choice 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, an employee deserves to choose the account where their ideas are to be deposited. If an employer previously limited a worker's account choice - for example, by needing them to use an account at a particular monetary organization - it is the company's obligation to confirm the worker's choice of their desired account before they make the next payment after June 20, 2024. A worker can likewise notify their employer that they want their tips deposited to a various account and, when that occurs, the employer must make the modification.
Tips sharing policy
The ESA permits companies, along with directors and investors of a company, to share in pointers, if defined requirements are met.
Effective June 21, 2024, where a company has a policy about the company, director or shareholder of the company, sharing in a pointer swimming pool, the company will be required to post a copy of that policy in a clearly visible location in the office where it is likely to come to the attention of employees.
The requirement to publish a policy does not require an employer to develop a policy. It uses if an employer has a written policy in place or if a company has a recognized practice of sharing in an idea pool that is regularly applied (even if it's not jotted down). If the company has an unwritten however recognized, consistently-applied practice in place, the employer needs to put the policy in composing and publish a copy of the policy.
The ESA does not define the details that needs to appear in the policy, as long as the posted file is a true copy of the policy that remains in place and plainly specifies that the employer or a director or investor of the employer shares in the idea pool.
Effective, June 21, 2024, companies will also be needed to keep a copy of every tips sharing policy that is needed to be posted for three years after the policy stops being in result.
Job publishing requirements
On a date to be set by proclamation of the Lieutenant Governor, modifications will enter into force that establish new requirements for companies associated with publicly marketed job posts.
Temporary aid agency and employer licensing
Beginning on July 1, 2024 under the Employment Standards Act, 2000 (ESA):
- Temporary help companies are needed to hold a licence to operate.Clients are restricted from intentionally engaging or using the services of a momentary aid agency unless the company holds a licence. (Discover more about the relationship in between momentary help companies and customers.).
- Employers, potential companies and other recruiters are prohibited from purposefully 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 rule that will use.
On April 29, 2024, O. Reg. 99/23 - Licensing Temporary Help Agencies and Recruiters was changed. The modifications include:
- Adding a surety bond as a new acceptable kind of security for all candidates,.
- excusing particular employers from the security requirement under defined conditions,.
- changing the application cost and security requirements for entities applying both for a short-term assistance company and a recruiter licence.
The ministry's licensing web page has actually been upgraded to reflect these modifications. Please go to that webpage for information.