Under the Employment Standards Act, 2000 (ESA), employers can need a staff member to supply proof affordable in the circumstances that they are entitled to authorized leave under the ESA.

Effective October 28, 2024, companies can not need employees to offer a certificate from a certified health professional (a medical note). A "qualified health practitioner" is a person who is certified to practise as a doctor, signed up nurse or psychologist under the laws of the jurisdiction in which care or treatment is provided to the employee.

ESA optimum fines

A prosecution might be begun under Part III of the Provincial Offences Act where an individual is believed to have dedicated an offence under the ESA. If founded guilty, an individual might be based on a fine or a regard to jail time or both.

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

Definition of worker

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

- performs work for a company for earnings
- supplies services to an employer for wages
- receives training from an employer, if the skill they're being trained on is an ability used by the company's staff members
- is a homeworker
- was a worker
On March 21, 2024, the significance of "training" was broadened to consist of work performed during a trial duration. A staff member now consists of a person who performs work during a trial period for a company, if the skills being evaluated throughout the trial period are skills used by the employer's workers or could be utilized by workers if there are no other employees. This means the hours worked throughout the trial period must be counted as work time. Learn more about what counts as work time.

Deductions from salaries

The ESA prohibits employers from making deductions from incomes when the company had a money scarcity, lost property or had actually home stolen and a person besides the staff member had access to the cash or residential or commercial property.

On March 21, 2024, the ESA was modified to confirm that this consists of reductions from incomes in "dine and rush", "gas and dash" and other similar scenarios.

Payment of earnings - direct deposit

The ESA requires employers to pay wages by money, cheque or direct deposit. If the earnings are paid by direct deposit, the account needs to remain in the worker's name and no one besides the staff member can have access to the account, unless the staff member has actually licensed it.

Effective June 21, 2024, an extra requirement will be in place if the employer wishes to pay wages by direct deposit: the account must be chosen by the worker. This implies the staff member must decide which account to use and the can not limit a staff member's area by, for example, requiring the staff member to use an account at a specific banks.

For payments that are to be made after June 20, 2024, an employee can choose the account where their incomes are to be deposited. If an employer formerly restricted a worker's account choice - for instance, by requiring them to use an account at a specific financial organization - it is the company's duty to confirm the worker's choice of their preferred account before they make the next payment after June 20, 2024. An employee can likewise notify their company that they want their earnings transferred to a different account and, when that occurs, the employer should make the modification.

Vacation pay contracts

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

Effective June 21, 2024, the ESA is changed to clarify that the employee should make an arrangement with the employer in order for the company to be able to pay trip pay on every pay cheque or at an agreed-upon time. This confirms that such agreements can not be spoken and need to be made in composing (consisting of digitally), constant with how the ministry imposes the ESA.

Tips or other gratuities - approaches of payment

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

- cash
- cheque
- direct deposit
If payment is by cash or cheque, the worker must be paid the tips or other gratuities at the workplace or at some other location concurred to electronically or job in composing by the staff member.

If payment is made by direct deposit, the account must be selected by the staff member and be in the worker's name. Nobody other than the staff member can have access to the account, unless the worker has actually authorized it.

The requirement that the staff member select the account indicates the staff member must decide which account to utilize, and the employer can not limit an employee's choice by, for example, requiring the staff member to use an account at a particular monetary institution.

For job payments that are to be made after June 20, 2024, a staff member can select the account where their ideas are to be transferred. If a company formerly limited a staff member's account selection - for instance, by requiring them to utilize an account at a specific banks - it is the employer's obligation to verify the employee's choice of their desired account before they make the next payment after June 20, 2024. An employee can likewise notify their company that they desire their pointers transferred to a various account and, when that takes place, the employer needs to make the modification.

Tips sharing policy

The ESA allows companies, in addition to directors and investors of a company, to share in tips, if defined criteria are satisfied.

Effective June 21, 2024, where an employer has a policy about the company, director or investor of the company, sharing in a tip swimming pool, the employer will be needed to publish a copy of that policy in a plainly visible place in the work environment where it is likely to come to the attention of workers.

The requirement to publish a policy does not require a company to establish a policy. It uses if a company has a written policy in location or if a company has an established practice of sharing in an idea swimming pool that is consistently used (even if it's not documented). If the employer has an unwritten but recognized, consistently-applied practice in location, the employer must put the policy in writing and publish a copy of the policy.

The ESA does not define the details that needs to appear in the policy, as long as the published file is a true copy of the policy that remains in place and clearly states that the employer or a director job or investor of the company shares in the pointer swimming pool.

Effective, June 21, 2024, companies will likewise be needed to keep a copy of every pointers sharing policy that is required to be published 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, changes will enter force that establish brand-new requirements for companies associated with openly marketed job posts.

Temporary assistance agency and recruiter licensing

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

- Temporary aid companies are required to hold a licence to operate.Clients are restricted from purposefully engaging or utilizing the services of a momentary help firm unless the firm holds a licence. (Discover more about the relationship between short-term assistance firms and clients.).

• Employers, potential employers and other employers are restricted from knowingly engaging or using 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 rule that will use.
  
  On April 29, 2024, O. Reg. 99/23 - Licensing Temporary Help Agencies and Recruiters was changed. The changes consist of:
  
  - Adding a surety bond as a brand-new appropriate kind of security for all candidates,.
  - exempting certain employers from the security requirement under defined conditions,.
  - altering the application charge and security requirements for entities applying both for a short-lived help firm and a recruiter licence.
  The ministry's licensing webpage has been updated to reflect these modifications. Please visit that webpage for information.