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

Effective October 28, 2024, companies can not need workers to provide a certificate from a certified health specialist (a medical note). A “competent health professional” is an individual who is qualified to practice as a physician, registered nurse or psychologist under the laws of the jurisdiction in which care or treatment is provided to the worker.

ESA optimum fines

A prosecution might be commenced under Part III of the Provincial Offences Act where a person is believed to have actually committed an offense under the ESA. If founded guilty, an individual could be subject to a fine or a regard to imprisonment or both.

Since October 28, 2024, the optimum fine for employment individuals founded guilty of contravening the ESA has increased to $100,000 (up from $50,000).

Definition of worker

The Employment Standards Act (ESA) defines an employee to consist of a person who:

– performs work for a company for wages

– supplies services to an employer for wages

– receives training from an employer, if the skill they’re being trained on is an ability utilized by the company’s workers

– is a homeworker

– was a worker

On March 21, 2024, the meaning of “training” was expanded to include work performed during a trial period. A worker now includes a person who performs work during a trial duration for a company, if the abilities being evaluated during the trial duration are skills used by the employer’s employees or could be utilized by workers if there are no other staff members. This suggests the hours worked throughout the trial duration need to be counted as work time. Discover more about what counts as work time.

Deductions from earnings

The ESA restricts companies from making deductions from salaries when the employer had a money shortage, lost home or had home taken and a person besides the worker had access to the money or home.

On March 21, 2024, the ESA was modified to validate that this consists of reductions from salaries in “dine and dash”, “gas and dash” and other similar circumstances.

Payment of incomes – direct deposit

The ESA needs employers to pay wages by money, cheque or direct deposit. If the incomes are paid by direct deposit, the account should be in the staff member’s name and nobody besides the employee can have access to the account, unless the employee has actually authorized it.

Effective June 21, 2024, an additional requirement will remain in location if the company wishes to pay salaries by direct deposit: the account must be chosen by the staff member. This implies the staff member should choose which account to utilize and the company can not restrict a staff member’s area by, for instance, requiring the employee to use an account at a particular financial institution.

For payments that are to be made after June 20, 2024, an employee can select the account where their wages are to be deposited. If an employer previously restricted a worker’s account choice – for example, by needing them to use an account at a specific monetary organization – it is the employer’s duty to confirm 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 want their salaries deposited to a various account and, when that takes place, the employer must make the change.

Vacation pay contracts

The ESA allows a company to pay vacation pay to a staff member on every pay cheque as it collects or at any agreed-upon time, but just with the agreement of the staff member. Find out more about when to pay holiday pay.

Effective June 21, 2024, the ESA is modified to clarify that the staff member should make an agreement 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 contracts can not be verbal and need to be made in composing (consisting of electronically), constant with how the ministry enforces the ESA.

Tips or other gratuities – methods of payment

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

– money

– cheque

– direct deposit

If payment is by cash or cheque, the employee should be paid the pointers or other gratuities at the office or at some other location consented to electronically or in composing by the staff member.

If payment is made by direct deposit, the account should be chosen by the staff member and be in the staff member’s name. Nobody besides the worker can have access to the account, unless the staff member has actually authorized it.

The requirement that the employee select the account implies the employee should choose which account to utilize, and employment the employer can not limit a worker’s choice by, for instance, requiring the employee to utilize an account at a particular monetary organization.

For payments that are to be made after June 20, 2024, a worker has the right to pick the account where their tips are to be transferred. If an employer formerly limited a staff member’s account choice – for example, by needing them to use an account at a particular banks – it is the company’s obligation to validate the employee’s choice of their preferred account before they make the next payment after June 20, 2024. An employee can likewise notify their employer that they want their suggestions deposited to a different account and, when that occurs, the company needs to make the change.

Tips sharing policy

The ESA allows employers, in addition to directors and investors of a company, to share in pointers, if defined criteria are fulfilled.

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

The requirement to publish a policy does not require an employer to establish a policy. It uses if an employer has a written policy in place or if a company has a recognized practice of sharing in a tip swimming pool that is regularly used (even if it’s not jotted down). If the company has an unwritten but recognized, consistently-applied practice in location, the employer should put the policy in composing and publish a copy of the policy.

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

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

Job posting requirements

On a date to be set by pronouncement of the Lieutenant Governor, changes will enter force that develop brand-new requirements for companies connected to publicly marketed job postings.

Temporary assistance agency and recruiter licensing

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

– Temporary aid agencies are required to hold a licence to operate.Clients are forbidden from intentionally engaging or utilizing the services of a short-lived aid company unless the company holds a licence. (Find out more about the relationship in between temporary help companies and customers.).

– Employers, prospective employers and other recruiters are restricted from purposefully engaging or utilizing the services of any recruiter 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 apply.

On April 29, 2024, O. Reg. 99/23 – Licensing Temporary Help Agencies and Recruiters was changed. The modifications consist of:

– Adding a surety bond as a brand-new appropriate type of security for all applicants,.

– exempting particular recruiters from the security requirement under defined conditions,.

– altering the application charge and security requirements for entities using both for a agency and an employer licence.

The ministry’s licensing webpage has been updated to show these modifications. Please visit that website for information.