Under the Employment Standards Act, 2000 (ESA), employers can need a staff member to supply proof affordable in the scenarios that they are entitled to authorized leave under the ESA.
Effective October 28, 2024, companies can not need staff members to supply a certificate from a qualified health specialist (a medical note). A "certified health professional" is an individual who is qualified to practice as a doctor, registered nurse or psychologist under the laws of the jurisdiction in which care or treatment is provided to the employee.
ESA optimum fines
A prosecution may be commenced under Part III of the Provincial Offences Act where a person is believed to have dedicated an offence under the ESA. If convicted, a person could be subject to a fine or a term of imprisonment or both.
As of October 28, 2024, the maximum fine for people founded guilty 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 consist of an individual who:
- carries out work for a company for incomes
- materials services to a company for incomes
- gets training from a company, if the skill they're being trained on is an ability used by the employer's workers
- is a homeworker
- was a worker
On March 21, 2024, the significance of "training" was expanded to include work performed during a trial period. A staff member now includes an individual who carries out work during a trial period for a company, if the skills being assessed throughout the trial period are skills used by the company's workers or could be used by employees if there are no other workers. This means the hours worked throughout the trial period should be counted as work time. Learn more about what counts as work time.
Deductions from wages
The ESA prohibits employers from making reductions from wages when the employer had a money lack, lost residential or commercial property or had actually home taken and a person other than the employee had access to the cash or property.
On March 21, 2024, the ESA was amended to validate that this includes reductions from earnings in "dine and rush", "gas and dash" and other comparable situations.
Payment of earnings - 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 should be in the staff member's name and no one aside from the staff member can have access to the account, unless the employee has actually authorized it.
Effective June 21, 2024, an extra requirement will remain in place if the company wishes to pay incomes by direct deposit: the account should be picked by the staff member. This suggests the worker should choose which account to utilize and the employer can not restrict an employee's area by, for instance, requiring the employee to utilize an account at a specific monetary organization.
For payments that are to be made after June 20, 2024, an employee has the right to pick the account where their incomes are to be deposited. If an employer previously restricted an employee's account choice - for example, by requiring them to use an account at a particular banks - it is the company's obligation to verify the staff member's selection of their wanted account before they make the next payment after June 20, 2024. A worker can also notify their employer that they want their to a various account and, when that takes place, the company must make the change.
Vacation pay contracts
The ESA permits an employer to pay holiday pay to a staff member on every pay cheque as it collects or at any agreed-upon time, however just with the arrangement of the worker. Find out more about when to pay trip pay.
Effective June 21, 2024, the ESA is changed to clarify that the worker needs to make a contract with the company in order for the employer to be able to pay trip 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 (including digitally), constant with how the ministry imposes the ESA.
Tips or other gratuities - methods of payment
Beginning June 21, 2024, employers will be required to pay ideas or other gratuities by either:
- cash
- cheque
- direct deposit
If payment is by cash or cheque, the worker needs to be paid the ideas or other gratuities at the office or at some other location agreed to electronically or in composing by the staff member.
If payment is made by direct deposit, the account needs to be chosen by the staff member and remain in the worker's name. Nobody other than the staff member can have access to the account, unless the worker has actually licensed it.
The requirement that the worker choose the account indicates the employee must choose which account to use, and the company can not limit an employee's choice by, for example, requiring the worker to utilize an account at a particular monetary institution.
For payments that are to be made after June 20, 2024, an employee deserves to select the account where their ideas are to be transferred. If an employer formerly limited a worker's account selection - for instance, by requiring them to use an account at a specific financial organization - it is the company's responsibility to verify the worker's selection of their wanted account before they make the next payment after June 20, 2024. A worker can likewise inform their employer that they want their suggestions deposited to a various account and, when that occurs, the employer should make the modification.
Tips sharing policy
The ESA permits companies, as well as directors and shareholders of a company, to share in ideas, if defined requirements are met.
Effective June 21, 2024, where a company has a policy about the company, director or shareholder of the company, sharing in a pointer swimming pool, the company will be required to publish a copy of that policy in a plainly visible location in the work environment where it is likely to come to the attention of workers.
The requirement to publish a policy does not need a company to establish a policy. It applies if an employer has a written policy in location or if an employer has an established practice of sharing in a pointer pool that is consistently applied (even if it's not composed down). If the company has an unwritten however established, consistently-applied practice in place, the company must put the policy in composing and publish a copy of the policy.
The ESA does not define the information 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 specifies that the employer or a director or investor of the employer shares in the idea pool.
Effective, June 21, 2024, employers will likewise be needed to keep a copy of every suggestions sharing policy that is required to be published for three years after the policy stops being in effect.
Job publishing requirements
On a date to be set by proclamation of the Lieutenant Governor, amendments will enter force that establish brand-new requirements for employers related to openly marketed task postings.
Temporary help firm and recruiter licensing
Beginning on July 1, 2024 under the Employment Standards Act, 2000 (ESA):
- Temporary help firms are needed to hold a licence to operate.Clients are restricted from knowingly engaging or utilizing the services of a short-lived aid firm unless the firm holds a licence. (Learn more about the relationship between short-lived aid firms and akropolistravel.com clients.).
- Employers, prospective companies and other employers are forbidden from purposefully 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 guideline that will apply.
On April 29, 2024, O. Reg. 99/23 - Licensing Temporary Help Agencies and Recruiters was modified. The changes consist of:
- Adding a surety bond as a brand-new appropriate kind of security for all candidates,.
- exempting particular employers from the security requirement under defined conditions,.
- altering the application fee and security requirements for entities using both for a short-lived aid firm and a recruiter licence.
The ministry's licensing web page has actually been updated to reflect these modifications. Please go to that web page for details.