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

Effective October 28, 2024, employers can not require workers to offer a certificate from a qualified health practitioner (a medical note). A "certified health practitioner" is a person who is qualified to practice as a physician, registered nurse or psychologist under the laws of the jurisdiction in which care or treatment is offered to the worker.

ESA optimum fines

A prosecution might be begun under Part III of the Provincial Offences Act where a person is thought to have devoted an offence under the ESA. If founded guilty, an individual could be based on a fine or a regard to imprisonment or both.

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

Definition of worker

The Employment Standards Act (ESA) defines a worker to include an individual who:

- carries out work for a company for salaries
- materials services to a company for wages
- receives training from a company, if the ability they're being trained on is an ability used by the company's workers
- is a homeworker
- was a staff member
On March 21, 2024, the significance of "training" was expanded to include work carried out throughout a trial period. An employee now consists of an individual who carries out work throughout a trial duration for a company, if the skills being assessed throughout the trial duration are skills utilized by the employer's employees or could be used by staff members if there are no other employees. This means the hours worked throughout the trial duration must be counted as work time. Learn more about what counts as work time.

Deductions from wages

The ESA restricts companies from making deductions from earnings when the company had a money scarcity, lost property or employment had actually property stolen and an individual besides the employee had access to the money or property.

On March 21, 2024, the ESA was amended to verify that this includes reductions from incomes in "dine and dash", "gas and dash" and other comparable scenarios.

Payment of salaries - direct deposit

The ESA requires 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 staff member's name and nobody other than the staff member can have access to the account, unless the worker has licensed it.

Effective June 21, 2024, an additional requirement will be in place if the company wishes to pay wages by direct deposit: the account should be picked by the employee. This suggests the employee should decide which account to use and the company can not restrict an employee's section by, for instance, requiring the staff member to utilize an account at a particular financial organization.

For payments that are to be made after June 20, 2024, an employee deserves to choose the account where their salaries are to be deposited. If an employer previously limited an employee's account selection - for example, by requiring them to use an account at a particular financial organization - it is the company's duty to verify the worker's selection of their preferred account before they make the next payment after June 20, 2024. A staff member can also notify their employer that they desire their salaries deposited to a different account and, when that takes place, the employer needs to make the modification.

Vacation pay contracts

The ESA enables a company to pay getaway pay to a worker on every pay cheque as it collects or at any agreed-upon time, but just with the agreement of the worker. Learn more about when to pay getaway pay.

Effective June 21, 2024, the ESA is amended to clarify that the worker must make a contract with the company in order for the employer to be able to pay holiday pay on every pay cheque or at an agreed-upon time. This verifies that such agreements can not be spoken and should be made in composing (consisting of electronically), constant with how the ministry implements the ESA.

Tips or other gratuities - methods of payment

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

- cash
- cheque
- direct deposit
If payment is by money or cheque, the worker must be paid the pointers or other gratuities at the office or at some other location consented to digitally or in composing by the employee.

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

The requirement that the worker select the account indicates the staff member needs to decide which account to use, and the employer can not limit a staff member's selection by, for instance, requiring the employee 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 suggestions are to be transferred. If an employer formerly restricted an employee's account selection - for example, by needing them to use an account at a specific financial organization - it is the employer's duty to verify 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 desire their pointers transferred to a various account and, when that occurs, the company must make the change.

Tips sharing policy

The ESA permits companies, in addition to directors and shareholders of a company, to share in pointers, if defined requirements are fulfilled.

Effective June 21, 2024, where an employer has a policy about the employer, director or investor of the company, sharing in a pointer swimming pool, the company will be needed to post a copy of that policy in a plainly noticeable place in the work environment where it is likely to come to the attention of staff members.

The requirement to publish a policy does not need a company to establish a policy. It applies if a company has a written policy in location or if a company has a recognized practice of sharing in a pointer swimming pool that is regularly used (even if it's not jotted down). If the employer has an unwritten however recognized, consistently-applied practice in location, the employer needs to put the policy in composing and post a copy of the policy.

The ESA does not define the information that should appear in the policy, as long as the published file is a real copy of the policy that is in location and plainly specifies that the company or a director or investor of the employer shares in the tip pool.

Effective, June 21, 2024, employers will also be needed to keep a copy of every suggestions sharing policy that is needed to be published 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, modifications will enter into force that establish new requirements for companies associated with publicly advertised job posts.

Temporary assistance agency and employer licensing

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

- Temporary help agencies are needed to hold a licence to operate.Clients are forbidden from intentionally engaging or utilizing the services of a short-lived assistance firm unless the firm holds a licence. (Discover more about the relationship in between short-term assistance agencies and customers.).

• Employers, potential companies and other recruiters are restricted from 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 modifications include:
  
  - Adding a surety bond as a brand-new acceptable kind of security for all candidates,.
  - exempting specific recruiters from the security requirement under specified conditions,.
  - altering the application charge and security requirements for entities using both for a temporary help firm and an employer licence.

The ministry's licensing website has actually been upgraded to show these changes. Please visit that web page for details.