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

Effective October 28, 2024, companies can not require workers to provide a certificate from a competent health specialist (a medical note). A "certified health specialist" is a person who is qualified to practise as a physician, 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 commenced under Part III of the Provincial Offences Act where a person is thought to have actually committed an offence under the ESA. If convicted, a person might be based on a fine or a regard to jail time 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 a staff member to include an individual who:

- performs work for a company for incomes
- products services to a company for earnings
- gets training from an employer, if the skill they're being trained on is an ability used by the employer's employees
- is a homeworker
- was a staff member
On March 21, 2024, the meaning of "training" was expanded to include work carried out throughout a trial period. A worker now includes a person who carries out work during a trial duration for an employer, if the skills being assessed during the trial period are abilities utilized by the employer's employees or could be utilized by workers if there are no other workers. This means the hours worked during the trial period should be counted as work time. Learn more about what counts as work time.

Deductions from salaries

The ESA prohibits companies from making deductions from earnings when the company had a money scarcity, lost home or had home taken and an individual other than the staff member had access to the cash or home.

On March 21, 2024, the ESA was changed to verify that this consists of deductions from incomes in "dine and rush", "gas and dash" and other similar circumstances.

Payment of earnings - direct deposit

The ESA requires companies to pay salaries by cash, cheque or direct deposit. If the salaries are paid by direct deposit, the account should be in the staff member's name and no one aside from the employee can have access to the account, unless the employee has licensed it.

Effective June 21, 2024, an extra requirement will be in place if the employer wants to pay wages by direct deposit: the account should be chosen by the staff member. This means the staff member must decide which account to use and the company can not limit an employee's area by, for instance, needing the employee to use an account at a specific monetary institution.

For payments that are to be made after June 20, employment 2024, an employee deserves to choose the account where their incomes are to be transferred. If a company formerly limited a worker's account choice - for instance, by needing them to use an account at a specific banks - it is the employer's duty to validate the employee's selection of their wanted account before they make the next payment after June 20, 2024. A staff member can also inform their employer that they desire their earnings deposited to a various account and, when that happens, employment the employer must make the change.

Vacation pay arrangements

The ESA enables a company to pay vacation pay to an employee on every pay cheque as it collects or at any agreed-upon time, but just with the arrangement of the employee. Find out more about when to pay getaway pay.

Effective June 21, 2024, the ESA is modified to clarify that the worker must make a contract 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 validates that such arrangements can not be verbal and need to be made in writing (consisting of digitally), consistent with how the ministry imposes the ESA.

Tips or other gratuities - techniques of payment

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

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

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

The requirement that the staff member choose the account implies the employee should choose which account to utilize, and the company can not restrict a worker's choice by, for example, needing the staff member to utilize 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 tips are to be deposited. If a company formerly limited a worker's account selection - for instance, by requiring them to use an account at a particular banks - it is the company's obligation to validate the staff member's selection of their preferred account before they make the next payment after June 20, 2024. An employee can also notify their company that they want their tips deposited to a different account and, when that occurs, the company must make the modification.

Tips sharing policy

The ESA permits employers, as well as directors and shareholders of an employer, to share in suggestions, if specified requirements are met.

Effective June 21, 2024, where a company has a policy about the employer, director or shareholder of the employer, sharing in a suggestion pool, the company will be needed to post a copy of that policy in a clearly noticeable place in the office where it is likely to come to the attention of workers.

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

The ESA does not specify the info that needs to appear in the policy, employment as long as the posted document is a true copy of the policy that is in place and clearly mentions that the company or a director or shareholder of the employer shares in the suggestion pool.

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

Job posting requirements

On a date to be set by pronouncement of the Lieutenant Governor, changes will enter force that develop new requirements for companies associated with openly marketed job posts.

Temporary aid firm and recruiter licensing

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

- Temporary help companies are needed to hold a licence to operate.Clients are forbidden from purposefully engaging or utilizing the services of a temporary help company unless the firm holds a licence. (Discover more about the relationship in between temporary help firms and clients.).

• Employers, potential companies and other recruiters are forbidden 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 guideline that will use.
  
  On April 29, 2024, O. Reg. 99/23 - Licensing Temporary Help Agencies and Recruiters was modified. The changes include:
  
  - Adding a surety bond as a brand-new acceptable type of security for all applicants,.
  - excusing particular recruiters from the security requirement under defined conditions,.
  - changing the application cost and security requirements for entities using both for a momentary help agency and a recruiter licence.
  The ministry's licensing webpage has been updated to reflect these changes. Please visit that web page for details.