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

Effective October 28, 2024, employers can not need staff members to provide a certificate from a qualified health specialist (a medical note). A « competent health specialist » is an individual who is certified to practise as a doctor, registered nurse or psychologist under the laws of the jurisdiction in which care or treatment is provided to the staff member.

ESA maximum fines

A prosecution might be started under Part III of the Provincial Offences Act where a person is thought to have devoted an offence under the ESA. If founded guilty, a person might be subject to a fine or a term of imprisonment or both.

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

Definition of staff member

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

– carries out work for an employer for incomes

– products services to an employer for salaries

– 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 staff member

On March 21, 2024, the meaning of « training » was broadened to consist of work performed throughout a trial period. An employee now includes a person who carries out work throughout a trial period for a company, employment if the skills being examined throughout the trial duration are skills utilized by the employer’s staff members or could be utilized by workers if there are no other employees. This means the hours worked throughout the trial duration must be counted as work time. Discover more about what counts as work time.

Deductions from incomes

The ESA forbids companies from making deductions from incomes when the employer had a cash lack, lost residential or commercial property or had actually residential or commercial property taken and an individual besides the worker had access to the cash or property.

On March 21, 2024, the ESA was amended to validate that this consists of reductions from wages in « dine and rush », « gas and dash » and other similar circumstances.

Payment of salaries – direct deposit

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

Effective June 21, 2024, an extra requirement will remain in location if the employer wants to pay incomes by direct deposit: the account should be chosen by the staff member. This suggests the employee should choose which account to utilize and the company can not limit a staff member’s area by, for instance, requiring the worker to use an account at a specific monetary organization.

For payments that are to be made after June 20, 2024, a staff member deserves to select the account where their earnings are to be transferred. If a company previously restricted a worker’s account choice – for example, by requiring them to use an account at a specific financial institution – it is the company’s responsibility to validate the staff member’s choice of their preferred account before they make the next payment after June 20, employment 2024. A worker can also inform their company that they want their wages deposited to a different account and, when that takes place, the employer should make the modification.

Vacation pay contracts

The ESA allows an employer to pay holiday pay to an employee on every pay cheque as it builds up or at any agreed-upon time, however just with the contract of the staff member. Discover more about when to pay vacation pay.

Effective June 21, 2024, the ESA is amended to clarify that the worker needs to make a contract with the company in order for the employer to be able to pay vacation pay on every pay cheque or at an agreed-upon time. This validates that such contracts can not be spoken and need to be made in composing (including digitally), consistent with how the ministry implements the ESA.

Tips or other gratuities – approaches of payment

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

– cash

– cheque

– direct deposit

If payment is by cash or employment cheque, the employee must be paid the tips or other gratuities at the work environment or at some other location accepted digitally or in composing by the employee.

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

The requirement that the employee select the account suggests the staff member must choose which account to utilize, and the can not limit a worker’s selection by, for instance, needing the staff member to use an account at a particular monetary institution.

For payments that are to be made after June 20, 2024, a staff member can select the account where their suggestions are to be transferred. If an employer previously limited a staff member’s account selection – for example, by needing them to use an account at a specific monetary organization – it is the employer’s responsibility to verify the employee’s choice of their wanted account before they make the next payment after June 20, 2024. A staff member can also notify their employer that they desire their tips deposited to a various account and, when that takes place, the company must make the modification.

Tips sharing policy

The ESA permits employers, in addition to directors and shareholders of a company, to share in suggestions, if defined requirements are met.

Effective June 21, 2024, where a company has a policy about the employer, director or investor of the employer, sharing in a suggestion swimming pool, the company will be required to post a copy of that policy in a clearly visible location in the work environment where it is likely to come to the attention of employees.

The requirement to post a policy does not require an employer to develop a policy. It uses if a company has a written policy in place or if an employer has a recognized practice of sharing in a suggestion pool that is consistently applied (even if it’s not composed down). If the employer has an unwritten but established, consistently-applied practice in place, the employer should put the policy in writing and post a copy of the policy.

The ESA does not specify the information 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 states that the employer or a director or investor of the employer shares in the tip pool.

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

Job publishing requirements

On a date to be set by proclamation of the Lieutenant Governor, amendments will enter force that develop new requirements for employers connected to publicly marketed job posts.

Temporary aid company and recruiter licensing

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

– Temporary aid companies are needed to hold a licence to operate.Clients are prohibited from knowingly engaging or utilizing the services of a momentary assistance firm unless the company holds a licence. (Discover more about the relationship in between momentary aid agencies and customers.).

– Employers, prospective 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 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 changed. The modifications include:

– Adding a surety bond as a new acceptable kind of security for all applicants,.

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

– changing the application fee and security requirements for entities using both for employment a short-term help agency and an employer licence.

The ministry’s licensing web page has actually been updated to reflect these modifications. Please go to that web page for information.