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Under the Employment Standards Act, 2000 (ESA), companies can need a worker to supply proof reasonable in the scenarios that they are entitled to sick leave under the ESA.

Effective October 28, 2024, companies can not need employees to supply a certificate from a qualified health professional (a medical note). A “certified health specialist” is a person who is qualified to practice as a doctor, registered nurse or psychologist under the laws of the jurisdiction in which care or treatment is supplied to the employee.

ESA optimum fines

A prosecution may be started under Part III of the Provincial Offences Act where an individual is believed to have devoted 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 convicted of contravening the ESA has increased to $100,000 (up from $50,000).

Definition of employee

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

– performs work for a company for earnings

– supplies services to an employer for salaries

– gets training from a company, if the ability they’re being trained on is a skill used by the company’s employees

– is a homeworker

– was an employee

On March 21, 2024, the meaning of “training” was broadened to consist of work performed during a trial period. A worker now includes a person who performs work during a trial duration for employment an employer, if the abilities being assessed throughout the trial duration are abilities used by the employer’s employees or might be utilized by staff members if there are no other employees. This implies the hours worked throughout the trial period must be counted as work time. Learn more about what counts as work time.

Deductions from wages

The ESA forbids companies from making deductions from incomes when the company had a cash scarcity, lost home or had actually residential or commercial property taken and a person aside from the employee had access to the cash or property.

On March 21, 2024, the ESA was modified to confirm that this includes reductions from incomes in “dine and dash”, “gas and dash” and other comparable scenarios.

Payment of earnings – direct deposit

The ESA needs employers to pay earnings by money, cheque or direct deposit. If the salaries are paid by direct deposit, the account should remain in the staff member’s name and employment no one aside from the employee can have access to the account, unless the staff member has authorized it.

Effective June 21, 2024, an extra requirement will remain in location if the employer wishes to pay earnings by direct deposit: the account needs to be picked by the employee. This implies the employee should choose which account to use and the company can not limit a staff member’s section by, for instance, needing the employee to utilize an account at a specific banks.

For payments that are to be made after June 20, 2024, a worker can pick the account where their incomes are to be deposited. If an employer formerly limited a staff member’s account choice – for instance, by requiring them to use an account at a particular monetary organization – it is the employer’s responsibility to verify the worker’s selection of their wanted account before they make the next after June 20, 2024. An employee can also notify their employer that they desire their earnings deposited to a different account and, when that happens, the company needs to make the change.

Vacation pay contracts

The ESA enables an employer to pay vacation pay to an employee on every pay cheque as it accumulates or at any agreed-upon time, but only with the agreement of the staff member. Learn more about when to pay vacation pay.

Effective June 21, 2024, employment the ESA is modified to clarify that the employee must make a contract with the company in order for the company to be able to pay holiday pay on every pay cheque or at an agreed-upon time. This validates that such arrangements can not be spoken and must be made in writing (consisting of digitally), consistent with how the ministry implements the ESA.

Tips or other gratuities – methods of payment

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

– cash

– cheque

– direct deposit

If payment is by money or cheque, the worker must be paid the suggestions or other gratuities at the work environment or at some other place concurred to electronically or in writing by the worker.

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

The requirement that the employee pick the account suggests the staff member must choose which account to use, and the company can not restrict a worker’s choice by, for example, needing the staff member to use an account at a particular banks.

For payments that are to be made after June 20, employment 2024, an employee has the right to choose the account where their tips are to be transferred. If an employer previously restricted an employee’s account choice – for instance, by requiring them to utilize an account at a specific financial institution – it is the employer’s duty to confirm the staff member’s choice of their wanted account before they make the next payment after June 20, 2024. A worker can likewise notify their employer that they desire their tips deposited to a different account and, when that takes place, the employer should make the modification.

Tips sharing policy

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

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

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

The ESA does not define the details that needs to appear in the policy, as long as the posted document is a true copy of the policy that remains in location and clearly specifies that the employer or a director or shareholder of the company shares in the idea pool.

Effective, June 21, 2024, employers will also be required to keep a copy of every tips sharing policy that is required to be posted for three years after the policy stops being in impact.

Job publishing requirements

On a date to be set by proclamation of the Lieutenant Governor, modifications will enter force that establish brand-new requirements for employers associated with publicly marketed task postings.

Temporary assistance firm and employer licensing

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

– Temporary help firms are required to hold a licence to operate.Clients are forbidden from knowingly engaging or using the services of a momentary assistance firm unless the company holds a licence. (Learn more about the relationship between temporary help agencies and customers.).

– Employers, potential companies and other employers are forbidden from purposefully engaging or employment 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 rule that will use.

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

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

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

– altering the application cost and security requirements for entities using both for a short-term aid firm and an employer licence.

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