Under the Employment Standards Act, 2000 (ESA), companies can require an employee to supply evidence affordable in the circumstances that they are entitled to authorized leave under the ESA.

Effective October 28, 2024, employers can not need workers to supply a certificate from a certified health practitioner (a medical note). A "competent health practitioner" is a person who is certified to practice as a doctor, registered nurse or psychologist under the laws of the jurisdiction in which care or treatment is offered to the employee.

ESA optimum fines

A prosecution may be commenced under Part III of the Provincial Offences Act where an individual is believed to have committed an offence under the ESA. If convicted, an individual 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 staff member

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

- carries out work for a company for incomes
- supplies services to an employer for incomes
- gets training from an employer, if the ability they're being trained on is a skill utilized by the employer's staff members
- is a homeworker
- was a staff member
On March 21, 2024, the significance of "training" was broadened to include work carried out throughout a trial duration. A staff member now includes an individual who carries out work throughout a trial period for a company, if the abilities being examined during the trial duration are abilities utilized by the employer's staff members or might be utilized by employees if there are no other employees. This means the hours worked throughout the trial period need to be counted as work time. Find out more about what counts as work time.

Deductions from incomes

The ESA restricts employers from making deductions from wages when the employer had a cash scarcity, lost property or had property stolen and an individual besides the staff member had access to the money or residential or commercial property.

On March 21, 2024, the ESA was modified to verify that this consists of deductions from salaries in "dine and dash", "gas and dash" and employment other comparable 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 staff member can have access to the account, unless the employee has authorized it.

Effective June 21, 2024, an extra requirement will remain in place if the company wishes to pay wages by direct deposit: the account must be picked by the employee. This indicates the employee should choose which account to use and the employer can not limit a worker's section 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, a worker deserves to choose the account where their salaries are to be transferred. If a company formerly restricted an employee's account choice - for example, by needing them to use an account at a specific financial institution - it is the employer's duty to validate the staff member's selection 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 incomes deposited to a various account and, when that takes place, the company should make the modification.

Vacation pay arrangements

The ESA allows an employer to pay trip pay to an employee on every pay cheque as it accumulates or at any agreed-upon time, however only with the agreement of the worker. Find out more about when to pay trip pay.

Effective June 21, 2024, the ESA is changed to clarify that the employee needs to make an agreement 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 arrangements can not be verbal and must be made in writing (consisting of electronically), constant with how the ministry implements the ESA.

Tips or other gratuities - methods of payment

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

- cash
- cheque
- direct deposit
If payment is by money or cheque, the staff member needs to be paid the pointers or other gratuities at the workplace or at some other location consented to digitally or in writing by the employee.

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

The requirement that the worker select the account means the staff member needs to choose which account to use, and the employer can not limit a worker's choice by, for instance, needing the employee to use an account at a particular banks.

For payments that are to be made after June 20, 2024, an employee can choose the account where their ideas are to be transferred. If a company formerly limited a worker's account choice - for instance, by requiring them to use an account at a particular monetary institution - it is the company's responsibility to confirm the worker's choice of their wanted account before they make the next payment after June 20, 2024. An employee can also notify their employer that they desire their suggestions deposited to a various account and, when that takes place, the employer must make the change.

Tips sharing policy

The ESA allows companies, along with directors and investors of a company, to share in pointers, if defined criteria are met.

Effective June 21, 2024, where an employer has a policy about the company, director or shareholder of the employer, sharing in a tip pool, the company will be required to post a copy of that policy in a plainly visible location in the work environment where it is most likely to come to the attention of workers.

The requirement to post a policy does not need a company to develop a policy. It applies if a company has a written policy in place or if a company has an established practice of sharing in a pointer pool that is regularly used (even if it's not jotted down). If the employer has an unwritten but established, consistently-applied practice in location, the company must put the policy in writing and post a copy of the policy.

The ESA does not specify the info that should appear in the policy, as long as the posted file is a true copy of the policy that is in place and clearly states that the employer or a director or investor of the company shares in the idea swimming pool.

Effective, June 21, 2024, companies will likewise be required to keep a copy of every pointers 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 develop new requirements for companies associated with publicly marketed task postings.

Temporary assistance agency and recruiter licensing

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

- Temporary aid companies are needed to hold a licence to operate.Clients are forbidden from intentionally engaging or using the services of a short-term help company unless the company holds a licence. (Learn more about the relationship between short-lived aid agencies and customers.).

• Employers, potential companies and employment other employers are forbidden from purposefully engaging or utilizing the services of any employer that does not hold a licence.
  
  
  Where applications are made before July 1, 2024 and a decision 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 changed. The modifications include:
  
  - Adding a surety bond as a brand-new acceptable form of security for all candidates,.
  - excusing specific recruiters from the under specified conditions,.
  - altering the application cost and security requirements for entities applying both for a short-term help agency and an employer licence.
  The ministry's licensing webpage has been updated to reflect these changes. Please check out that webpage for details.