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Under the Employment Standards Act, 2000 (ESA), companies can require a staff member to supply proof sensible in the situations that they are entitled to authorized leave under the ESA.

Effective October 28, 2024, companies can not need staff members to supply a certificate from a competent health specialist (a medical note). A «competent health specialist» 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 worker.

ESA maximum fines

A prosecution might be begun under Part III of the Act where a person is thought to have dedicated an offense under the ESA. If convicted, a person might be based on a fine or a regard to imprisonment or both.

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

Definition of employee

The Employment Standards Act (ESA) specifies an employee to include a person who:

— performs work for an employer for earnings

— materials services to a company for incomes

— receives training from an employer, if the skill they’re being trained on is a skill used by the company’s workers

— is a homeworker

— was a worker

On March 21, 2024, the meaning of «training» was expanded to include work carried out during a trial period. A worker now includes a person who carries out work during a trial period for referall.us a company, if the skills being evaluated during the trial duration are skills used by the company’s employees or might be utilized by staff members if there are no other employees. This implies the hours worked during the trial duration must be counted as work time. Learn more about what counts as work time.

Deductions from salaries

The ESA restricts companies from making deductions from salaries when the company had a money shortage, lost property or had actually residential or commercial property taken and a person besides the worker had access to the cash or residential or commercial property.

On March 21, 2024, the ESA was modified to verify that this includes deductions from wages in «dine and rush», «gas and dash» and other similar circumstances.

Payment of earnings — direct deposit

The ESA requires companies to pay wages by cash, cheque or direct deposit. If the wages are paid by direct deposit, the account should be in the worker’s name and nobody aside from the worker can have access to the account, unless the staff member has authorized it.

Effective June 21, 2024, an extra requirement will remain in location if the employer wants to pay earnings by direct deposit: the account needs to be selected by the worker. This suggests the worker must decide which account to use and the employer can not restrict an employee’s area by, for example, needing the worker to utilize an account at a particular banks.

For payments that are to be made after June 20, 2024, an employee has the right to choose the account where their wages are to be deposited. If a company formerly restricted an employee’s account choice — for instance, by requiring them to utilize an account at a specific banks — it is the company’s duty to validate the employee’s selection of their wanted account before they make the next payment after June 20, 2024. An employee can likewise notify their employer that they desire their incomes deposited to a different account and, when that happens, the employer needs to make the change.

Vacation pay contracts

The ESA allows an employer to pay holiday pay to an employee on every pay cheque as it collects or at any agreed-upon time, but only with the contract of the employee. Discover more about when to pay trip pay.

Effective June 21, 2024, the ESA is modified to clarify that the employee needs to make a contract with the company in order for the employer to be able to pay getaway pay on every pay cheque or at an agreed-upon time. This confirms that such arrangements can not be spoken and need to be made in writing (including digitally), consistent with how the ministry imposes the ESA.

Tips or other gratuities — approaches of payment

Beginning June 21, 2024, employers will be needed to pay tips 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 work environment or at some other location consented to digitally or in composing by the staff member.

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

The requirement that the employee select the account means the worker needs to decide which account to utilize, and the company can not limit a worker’s choice by, for instance, needing the staff member to use an account at a particular monetary institution.

For payments that are to be made after June 20, 2024, a worker deserves to select the account where their suggestions are to be transferred. If an employer formerly limited an employee’s account choice — for example, by requiring them to use an account at a particular banks — it is the company’s responsibility to verify the employee’s choice of their preferred account before they make the next payment after June 20, 2024. A worker can likewise alert their company that they desire their suggestions transferred to a various account and, when that takes place, the company should make the modification.

Tips sharing policy

The ESA enables employers, along with directors and shareholders of an employer, to share in ideas, if defined requirements are fulfilled.

Effective June 21, 2024, where an employer has a policy about the company, director or investor of the company, sharing in a tip pool, the company will be needed to publish a copy of that policy in a clearly noticeable location in the office where it is likely to come to the attention of workers.

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 place or if an employer has a recognized practice of sharing in a tip swimming pool that is regularly applied (even if it’s not documented). If the company has an unwritten however established, consistently-applied practice in location, the employer needs to put the policy in composing and post a copy of the policy.

The ESA does not specify the information that needs to appear in the policy, as long as the posted file is a real copy of the policy that remains in location and clearly specifies that the company or a director or investor of the employer shares in the tip pool.

Effective, June 21, 2024, companies will likewise be needed to keep a copy of every tips sharing policy that is needed to be posted for 3 years after the policy stops being in effect.

Job posting requirements

On a date to be set by proclamation of the Lieutenant Governor, amendments will enter into force that establish new requirements for companies connected to openly advertised task postings.

Temporary help company and recruiter licensing

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

— Temporary aid firms are needed to hold a licence to operate.Clients are restricted from purposefully engaging or utilizing the services of a momentary assistance company unless the company holds a licence. (Discover more about the relationship in between temporary assistance companies and clients.).

— Employers, prospective companies and other recruiters are restricted from intentionally engaging or utilizing 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 apply.

On April 29, 2024, O. Reg. 99/23 — Licensing Temporary Help Agencies and Recruiters was modified. The changes consist of:

— 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 fee and security requirements for entities using both for a short-term help company and an employer licence.

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