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Under the Employment Standards Act, 2000 (ESA), employers can need a worker to offer evidence affordable in the situations that they are entitled to ill leave under the ESA.

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

ESA optimum fines

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

Since October 28, 2024, the maximum fine for people 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:

– carries out work for a company for incomes

– products to a company for salaries

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

– is a homeworker

– was a staff member

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

Deductions from incomes

The ESA restricts employers from making reductions from incomes when the employer had a cash lack, lost home or had home taken and an individual besides the staff member had access to the cash or home.

On March 21, 2024, the ESA was changed to confirm that this consists of deductions from wages in “dine and rush”, “gas and dash” and job other comparable situations.

Payment of incomes – direct deposit

The ESA needs companies to pay incomes by cash, cheque or direct deposit. If the earnings are paid by direct deposit, the account needs to be in the worker’s name and nobody other than the employee can have access to the account, unless the employee has actually authorized it.

Effective June 21, 2024, an extra requirement will be in location if the employer desires to pay wages by direct deposit: the account needs to be chosen by the employee. This indicates the staff member needs to choose which account to use and the employer can not limit an employee’s section by, for example, requiring the employee to utilize an account at a specific monetary institution.

For payments that are to be made after June 20, 2024, an employee deserves to pick the account where their salaries are to be deposited. If a company formerly limited a worker’s account choice – for instance, by needing them to use an account at a specific monetary organization – it is the employer’s obligation to confirm the employee’s selection of their wanted account before they make the next payment after June 20, 2024. An employee can also alert their company that they want their salaries deposited to a various account and, when that takes place, the company should make the modification.

Vacation pay agreements

The ESA allows a company to pay holiday pay to a worker on every pay cheque as it accumulates or at any agreed-upon time, but only with the contract of the staff member. Learn more about when to pay holiday pay.

Effective June 21, 2024, the ESA is modified to clarify that the staff member should make a contract with the company in order for the company to be able to pay vacation pay on every pay cheque or at an agreed-upon time. This verifies that such arrangements can not be verbal and must be made in writing (including electronically), constant with how the ministry enforces the ESA.

Tips or other gratuities – techniques 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 staff member must be paid the pointers or other gratuities at the work environment or at some other place agreed to digitally or in composing by the worker.

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

The requirement that the employee pick the account indicates the staff member needs to choose which account to use, and the company can not limit a worker’s choice by, for instance, requiring the employee to utilize an account at a particular financial institution.

For payments that are to be made after June 20, 2024, a staff member can choose the account where their tips are to be deposited. If an employer previously restricted an employee’s account selection – for example, by requiring them to use an account at a specific banks – it is the employer’s responsibility to confirm the staff member’s selection of their wanted account before they make the next payment after June 20, 2024. A staff member can also notify their employer that they want their pointers transferred to a different account and, when that occurs, the employer must make the modification.

Tips sharing policy

The ESA allows employers, along with directors and shareholders of a company, to share in pointers, if specified requirements are fulfilled.

Effective June 21, 2024, where an employer has a policy about the company, director or investor of the company, sharing in an idea swimming pool, the employer will be needed to post a copy of that policy in a plainly noticeable location in the office where it is most likely to come to the attention of employees.

The requirement to publish a policy does not require a company to develop a policy. It applies if an employer has a written policy in place or if a company has an established practice of sharing in a pointer pool that is consistently used (even if it’s not jotted down). If the employer has an unwritten however established, consistently-applied practice in place, the employer must put the policy in writing and publish a copy of the policy.

The ESA does not specify the details that must appear in the policy, as long as the published file is a true copy of the policy that is in place and clearly specifies that the employer or job a director or shareholder of the company shares in the idea swimming pool.

Effective, June 21, 2024, companies will also be required 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 proclamation of the Lieutenant Governor, amendments will enter force that develop brand-new requirements for employers connected to publicly marketed job posts.

Temporary help firm and employer licensing

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

– Temporary aid firms are required to hold a licence to operate.Clients are prohibited from purposefully engaging or job using the services of a short-lived assistance agency unless the firm holds a licence. (Find out more about the relationship in between temporary assistance companies and clients.).

– Employers, potential employers and other recruiters are prohibited 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 changed. The changes consist of:

– 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 charge and security requirements for entities using both for a short-term aid company and an employer licence.

The ministry’s licensing web page has been upgraded to reflect these changes. Please check out that website for details.