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Under the Employment Standards Act, 2000 (ESA), employers can need a worker to offer evidence sensible in the circumstances that they are entitled to ill leave under the ESA.
Effective October 28, 2024, companies can not require staff members to offer a certificate from a qualified health professional (a medical note). A “qualified health specialist” is a person who is certified to practise as a physician, employment signed up nurse or psychologist under the laws of the jurisdiction in which care or treatment is supplied to the employee.
ESA maximum fines
A prosecution may be started under Part III of the Provincial Offences Act where an individual is thought to have actually committed an offense under the ESA. If convicted, an individual could be based on a fine or employment a regard to imprisonment or both.
As of October 28, 2024, the optimum fine for individuals convicted of contravening the ESA has actually increased to $100,000 (up from $50,000).
Definition of worker
The Employment Standards Act (ESA) defines an employee to include a person who:
– carries out work for a company for salaries
– products services to an employer for salaries
– receives training from an employer, if the skill they’re being trained on is a skill utilized by the employer’s employees
– is a homeworker
– was a worker
On March 21, 2024, the significance of “training” was expanded to include work carried out during a trial period. A worker now includes an individual who carries out work during a trial period for an employer, if the abilities being assessed during the trial duration are abilities utilized by the company’s staff members or could be used by employees if there are no other staff members. This indicates the hours worked during the trial duration should be counted as work time. Learn more about what counts as work time.
Deductions from earnings
The ESA restricts employers from making reductions from incomes when the employer had a money scarcity, lost home or had actually home taken and a person besides the worker had access to the cash or residential or commercial property.
On March 21, 2024, the ESA was amended to validate that this includes deductions from incomes in “dine and dash”, “gas and dash” and employment other similar scenarios.
Payment of wages – direct deposit
The ESA requires employers to pay earnings by cash, cheque or direct deposit. If the wages are paid by direct deposit, the account must remain in the name and no one besides the staff member can have access to the account, unless the staff member has actually authorized it.
Effective June 21, 2024, an additional requirement will be in place if the company wants to pay incomes by direct deposit: the account needs to be picked by the worker. This indicates the staff member should choose which account to utilize and the employer can not restrict an employee’s area by, for example, requiring the staff member to utilize an account at a particular monetary organization.
For payments that are to be made after June 20, 2024, a staff member deserves to choose the account where their salaries are to be deposited. If a company previously restricted a staff member’s account choice – for instance, by requiring them to utilize an account at a specific monetary institution – it is the employer’s duty to confirm the worker’s choice of their wanted account before they make the next payment after June 20, 2024. A worker can also notify their employer that they desire their incomes transferred to a various account and, when that happens, the employer should make the modification.
Vacation pay agreements
The ESA allows a company to pay getaway pay to a worker on every pay cheque as it collects or at any agreed-upon time, but just with the arrangement of the worker. Find out more about when to pay getaway pay.
Effective June 21, 2024, the ESA is modified to clarify that the staff member must make a contract with the employer in order for the company to be able to pay getaway pay on every pay cheque or at an agreed-upon time. This confirms that such agreements can not be verbal and employment should be made in writing (including electronically), constant with how the ministry enforces the ESA.
Tips or other gratuities – approaches of payment
Beginning June 21, 2024, employers will be required to pay pointers or employment other gratuities by either:
– money
– direct deposit
If payment is by cash or employment cheque, the staff member needs to be paid the suggestions or other gratuities at the workplace or at some other location consented to electronically or in composing by the staff member.
If payment is made by direct deposit, the account must be picked by the worker and be in the employee’s name. Nobody besides the worker can have access to the account, unless the worker has authorized it.
The requirement that the worker choose the account implies the staff member needs to choose which account to utilize, and the employer can not limit a worker’s selection by, for example, requiring the employee to utilize an account at a particular financial organization.
For payments that are to be made after June 20, 2024, a worker can choose the account where their tips are to be deposited. If an employer formerly restricted an employee’s account choice – for example, by requiring them to utilize an account at a particular banks – it is the company’s duty to confirm the staff member’s selection of their preferred account before they make the next payment after June 20, 2024. A staff member can likewise alert their company that they desire their pointers deposited to a various account and, when that takes place, employment the employer must make the modification.
Tips sharing policy
The ESA permits companies, as well as directors and shareholders of a company, to share in tips, if specified criteria are fulfilled.
Effective June 21, 2024, where a company has a policy about the employer, director or investor of the employer, sharing in an idea swimming pool, the company will be required to publish a copy of that policy in a clearly noticeable location in the work environment where it is most likely to come to the attention of workers.
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 location or if an employer has an established practice of sharing in a pointer swimming pool that is regularly used (even if it’s not written down). If the company has an unwritten but recognized, consistently-applied practice in location, the employer should put the policy in composing and publish a copy of the policy.
The ESA does not define the information that must appear in the policy, as long as the published file is a true copy of the policy that is in location and plainly states that the employer or a director or investor of the company shares in the suggestion pool.
Effective, June 21, 2024, employers will likewise be needed to keep a copy of every suggestions sharing policy that is required to be published for three years after the policy stops being in result.
Job posting requirements
On a date to be set by pronouncement of the Lieutenant Governor, modifications will come into force that establish brand-new requirements for companies connected to openly marketed task postings.
Temporary assistance firm and recruiter licensing
Beginning on July 1, 2024 under the Employment Standards Act, 2000 (ESA):
– Temporary help firms are needed to hold a licence to operate.Clients are restricted from purposefully engaging or utilizing the services of a momentary help firm unless the agency holds a licence. (Discover more about the relationship in between momentary assistance agencies and clients.).
– Employers, potential companies and other employers are prohibited 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 rule that will apply.
On April 29, 2024, O. Reg. 99/23 – Licensing Temporary Help Agencies and Recruiters was amended. The changes include:
– Adding a surety bond as a brand-new appropriate type of security for all applicants,.
– exempting particular recruiters from the security requirement under specified conditions,.
– changing the application cost and security requirements for entities using both for a temporary aid agency and an employer licence.
The ministry’s licensing website has actually been updated to show these modifications. Please go to that website for details.
