Under the Employment Standards Act, 2000 (ESA), companies can need a worker to provide proof reasonable in the scenarios that they are entitled to ill leave under the ESA.
Effective October 28, 2024, employers can not require staff members to supply a certificate from a certified health professional (a medical note). A "certified health professional" is a person who is qualified to practice as a physician, registered nurse or psychologist under the laws of the jurisdiction in which care or treatment is offered to the staff member.
ESA optimum fines
A prosecution might be commenced under Part III of the Provincial Offences Act where an individual is thought to have committed an offense under the ESA. If convicted, an individual might be based on a fine or a term of jail time or both.
As of October 28, 2024, the maximum fine for people founded guilty of contravening the ESA has actually increased to $100,000 (up from $50,000).
Definition of employee
The Employment Standards Act (ESA) specifies a staff member to include a person who:
- carries out work for a company for wages
- supplies services to an employer for earnings
- gets training from an employer, if the ability they're being trained on is an ability utilized by the employer's employees
- is a homeworker
- was a staff member
On March 21, 2024, the significance of "training" was broadened to consist of work carried out throughout a trial duration. A worker now consists of an individual who performs work throughout a trial duration for an employer, if the abilities being examined during the trial period are abilities utilized by the employer's staff members or could be utilized by staff members if there are no other employees. This implies the hours worked throughout the trial duration need to be counted as work time. Discover more about what counts as work time.
Deductions from salaries
The ESA restricts companies from making reductions from incomes when the company had a money shortage, lost residential or commercial property or had actually residential or commercial property taken and an individual other than the employee had access to the cash or residential or commercial property.
On March 21, 2024, the ESA was modified to validate that this includes deductions from incomes in "dine and rush", "gas and dash" and other comparable circumstances.
Payment of wages - direct deposit
The ESA requires companies to pay earnings by money, cheque or direct deposit. If the incomes are paid by direct deposit, the account should be in the worker's name and employment nobody besides the staff member can have access to the account, unless the worker has licensed it.
Effective June 21, 2024, an additional requirement will be in location if the company wishes to pay earnings by direct deposit: the account should be chosen by the staff member. This means the employee needs to decide which account to utilize and the employer can not restrict a staff member's section by, for example, requiring the worker to use an account at a particular monetary institution.
For payments that are to be made after June 20, 2024, a worker can choose the account where their earnings are to be deposited. If an employer formerly limited an employee's account choice - for instance, by requiring them to use an account at a particular banks - it is the company's obligation to validate the worker's choice of their wanted account before they make the next payment after June 20, 2024. A staff member can likewise alert their employer that they want their incomes deposited to a different account and, when that occurs, the employer should make the change.
Vacation pay arrangements
The ESA allows an employer to pay getaway pay to a staff member on every pay cheque as it builds up 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 worker should make a contract with the company in order for the company to be able to pay holiday pay on every pay cheque or at an agreed-upon time. This confirms that such contracts can not be spoken and should be made in writing (including digitally), constant with how the ministry implements the ESA.
Tips or other gratuities - approaches of payment
Beginning June 21, 2024, companies will be needed to pay pointers or other gratuities by either:
- money
- cheque
- direct deposit
If payment is by money or cheque, the worker must be paid the tips or other gratuities at the office or at some other place agreed to electronically or in writing by the staff member.
If payment is made by direct deposit, the account needs to be picked by the staff member and remain in the staff member's name. Nobody besides the employee can have access to the account, unless the worker has actually licensed it.
The requirement that the worker select the account indicates the employee must choose which account to use, and the company can not limit a worker's choice by, for instance, requiring the staff member to utilize an account at a particular banks.
For payments that are to be made after June 20, 2024, a staff member deserves to choose the account where their pointers are to be transferred. If an employer formerly limited a worker's account choice - for instance, by needing them to use an account at a specific banks - it is the company's duty to verify the worker's choice of their preferred account before they make the next payment after June 20, 2024. An employee can likewise inform their employer that they desire their pointers transferred to a different account and, when that takes place, the company should make the modification.
Tips sharing policy
The ESA enables companies, in addition to directors and shareholders of an employer, to share in suggestions, employment if specified requirements are met.
Effective June 21, 2024, where a company has a policy about the employer, director or investor of the company, sharing in a tip pool, the employer will be needed to publish a copy of that policy in a clearly noticeable place in the office where it is likely to come to the attention of workers.
The requirement to publish a policy does not need a company to establish a policy. It applies if an employer has a written policy in place or if a company has an established practice of sharing in a suggestion swimming pool that is consistently applied (even if it's not written down). If the employer has an unwritten but established, consistently-applied practice in place, the employer needs to put the policy in composing and post a copy of the policy.
The ESA does not specify the information that should appear in the policy, as long as the published document is a real copy of the policy that remains in and plainly states that the company or a director or shareholder of the company shares in the pointer pool.
Effective, June 21, 2024, companies will likewise 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 result.
Job posting requirements
On a date to be set by proclamation of the Lieutenant Governor, modifications will enter into force that establish brand-new requirements for companies connected to publicly marketed job postings.
Temporary assistance agency and employer licensing
Beginning on July 1, 2024 under the Employment Standards Act, 2000 (ESA):
- Temporary assistance firms are required to hold a licence to operate.Clients are restricted from knowingly engaging or employment utilizing the services of a short-term assistance company unless the company holds a licence. (Discover more about the relationship in between short-term assistance firms and customers.).
- Employers, prospective employers and other recruiters are restricted from intentionally engaging or using 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 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 type of security for all candidates,.
- exempting specific recruiters from the security requirement under defined conditions,.
- altering the application fee and security requirements for entities applying both for a short-lived aid agency and a recruiter licence.
The ministry's licensing web page has been updated to show these modifications. Please check out that webpage for details.