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Under the Employment Standards Act, 2000 (ESA), employers can require a staff member to supply 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 certified health specialist (a medical note). A “certified 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 supplied to the staff member.

ESA optimum fines

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

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

Definition of employee

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

– performs work for an employer for earnings

– products services to an employer for employment earnings

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

– is a

– was a worker

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

Deductions from wages

The ESA forbids companies from making reductions from wages when the employer had a money shortage, lost residential or commercial property or had home stolen and a person besides the worker had access to the cash or property.

On March 21, 2024, the ESA was amended to verify that this consists of reductions from wages in “dine and dash”, “gas and dash” and other comparable scenarios.

Payment of earnings – direct deposit

The ESA requires employers to pay wages by cash, cheque or direct deposit. If the incomes are paid by direct deposit, the account must remain in the employee’s name and no one aside from the worker can have access to the account, unless the employee has authorized it.

Effective June 21, 2024, an extra requirement will be in place if the employer wishes to pay salaries by direct deposit: the account must be chosen by the staff member. This means the worker should choose which account to use and the company can not limit a worker’s section by, for example, needing the worker to utilize an account at a specific monetary institution.

For payments that are to be made after June 20, 2024, a worker has the right to select the account where their wages are to be deposited. If an employer previously limited a worker’s account selection – for instance, by requiring them to use an account at a particular financial organization – it is the employer’s obligation to confirm the staff member’s choice of their wanted account before they make the next payment after June 20, 2024. An employee can likewise notify their company that they want their incomes deposited to a various account and, when that happens, the employer needs to make the modification.

Vacation pay contracts

The ESA allows an employer to pay getaway pay to a worker on every pay cheque as it accumulates or at any agreed-upon time, but just with the contract of the employee. Find out more about when to pay vacation pay.

Effective June 21, 2024, the ESA is modified to clarify that the staff member must 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 verifies that such arrangements can not be spoken and need to be made in writing (including electronically), consistent with how the ministry imposes 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:

– 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 place accepted digitally or in writing by the worker.

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

The requirement that the employee choose the account means the employee should choose which account to utilize, and the employer can not limit an employee’s selection by, for instance, requiring the staff member to utilize an account at a specific banks.

For payments that are to be made after June 20, 2024, a staff member deserves to choose the account where their tips are to be transferred. If a company formerly restricted a worker’s account choice – for example, by requiring them to utilize an account at a specific banks – it is the employer’s duty to confirm the worker’s selection of their preferred account before they make the next payment after June 20, 2024. A staff member can likewise notify their employer that they desire their pointers transferred to a various account and, when that occurs, the employer should make the modification.

Tips sharing policy

The ESA enables companies, as well as directors and employment investors of a company, to share in pointers, if defined criteria are satisfied.

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

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

The ESA does not define the info that must appear in the policy, as long as the published file is a real copy of the policy that is in location and clearly states that the company or a director or shareholder of the company shares in the tip pool.

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

Job posting requirements

On a date to be set by pronouncement of the Lieutenant Governor, changes will come into force that establish brand-new requirements for companies associated with openly marketed job postings.

Temporary help firm and recruiter licensing

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

– Temporary aid firms are needed to hold a licence to operate.Clients are forbidden from knowingly engaging or using the services of a momentary aid company unless the firm holds a licence. (Find out more about the relationship in between short-lived help agencies and clients.).

– Employers, prospective employers and other recruiters are restricted from intentionally 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 rule that will use.

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

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

– exempting certain employers from the security requirement under specified conditions,.

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

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