Under the Employment Standards Act, 2000 (ESA), employers can need a worker to offer evidence reasonable in the scenarios that they are entitled to authorized leave under the ESA.

Effective October 28, 2024, employers can not require workers to offer a certificate from a competent health practitioner (a medical note). A "qualified health practitioner" is an individual who is certified to practise 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 maximum fines

A prosecution may be commenced under Part III of the Provincial Offences Act where a person is thought to have actually devoted an offence under the ESA. If convicted, an individual might be subject to a fine or a term of jail time 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 a staff member to include an individual who:

- carries out work for a company for wages
- materials services to a company for incomes
- gets training from a company, if the ability they're being trained on is an ability utilized by the company's staff members
- is a homeworker
- was a staff member
On March 21, 2024, the meaning of "training" was broadened to consist of work performed throughout a trial period. A staff member now includes an individual who performs work throughout a trial duration for an employer, if the abilities being assessed during the trial duration are abilities used by the company's workers or might be used by staff members if there are no other employees. This suggests the hours worked during the trial duration should be counted as work time. Discover more about what counts as work time.

Deductions from incomes

The ESA restricts companies from making deductions from salaries when the employer had a money scarcity, lost residential or commercial property or had actually home taken and a person besides the staff member had access to the money or home.

On March 21, 2024, the ESA was changed to validate that this includes deductions from salaries in "dine and rush", "gas and dash" and other similar circumstances.

Payment of wages - direct deposit

The ESA requires employers to pay wages by cash, cheque or direct deposit. If the wages are paid by direct deposit, the account needs to be in the worker's name and no one other than the worker can have access to the account, unless the employee has licensed it.

Effective June 21, 2024, an additional requirement will remain in place if the company wishes to pay incomes by direct deposit: the account should be chosen by the employee. This indicates the worker needs to decide which account to use and the employer can not restrict a staff member's area by, for instance, requiring the worker to use an account at a specific banks.

For payments that are to be made after June 20, 2024, job a worker can select the account where their earnings are to be deposited. If an employer previously restricted an employee's account choice - for example, by needing them to utilize an account at a particular banks - it is the employer's responsibility to verify the staff member's selection of their preferred account before they make the next payment after June 20, 2024. A worker can likewise notify their company that they desire their incomes deposited to a various account and, when that takes place, the company needs to make the change.

Vacation pay arrangements

The ESA enables a company to pay vacation pay to an employee on every pay cheque as it builds up or at any agreed-upon time, however only with the arrangement of the employee. Learn 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 vacation pay on every pay cheque or at an agreed-upon time. This verifies that such contracts can not be spoken and should be made in composing (consisting of digitally), constant with how the ministry implements the ESA.

Tips or other gratuities - techniques of payment

Beginning June 21, 2024, companies will be needed to pay suggestions or job 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 office or at some other location accepted electronically or in composing by the employee.

If payment is made by direct deposit, the account should be chosen by the staff member and remain in the staff member's name. Nobody other than the employee can have access to the account, unless the employee has licensed it.

The requirement that the employee select the account suggests the staff member must choose which account to use, and the company can not limit a staff member's choice by, for instance, needing the staff member to use an account at a specific banks.

For payments that are to be made after June 20, 2024, a worker deserves to pick the account where their suggestions are to be deposited. If an employer previously restricted a staff member's account choice - for example, by needing them to use an account at a specific banks - it is the employer's duty to validate the worker's choice of their desired account before they make the next payment after June 20, 2024. A staff member can likewise notify their that they desire their tips deposited to a various account and, when that occurs, the employer needs to make the modification.

Tips sharing policy

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

Effective June 21, 2024, where a company has a policy about the company, director or investor of the employer, sharing in an idea swimming pool, the employer will be required to publish a copy of that policy in a plainly 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 applies if an employer has a written policy in place or if an employer has a recognized practice of sharing in a suggestion swimming pool that is consistently applied (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 composing and post a copy of the policy.

The ESA does not define the details that must appear in the policy, as long as the published file is a true copy of the policy that is in place and clearly specifies that the company or a director or shareholder of the employer shares in the tip swimming pool.

Effective, June 21, 2024, employers will likewise be required to keep a copy of every pointers sharing policy that is needed to be posted for job three years after the policy stops being in impact.

Job publishing requirements

On a date to be set by proclamation of the Lieutenant Governor, job changes will enter force that establish new requirements for companies related to publicly marketed task postings.

Temporary assistance company and employer licensing

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

- Temporary assistance companies are required to hold a licence to operate.Clients are forbidden from knowingly engaging or utilizing the services of a momentary aid agency unless the firm holds a licence. (Learn more about the relationship between temporary assistance companies and job clients.).

• Employers, prospective employers and other recruiters are prohibited from knowingly 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 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 appropriate kind of security for all applicants,.
  - exempting particular recruiters from the security requirement under specified conditions,.
  - altering the application fee and security requirements for entities using both for a momentary help agency and an employer licence.
  The ministry's licensing web page has been updated to show these modifications. Please go to that web page for information.