Under the Employment Standards Act, 2000 (ESA), companies can require a worker to provide evidence sensible in the scenarios that they are entitled to ill leave under the ESA.

Effective October 28, 2024, companies can not need workers to provide a certificate from a certified health practitioner (a medical note). A "competent health specialist" 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 staff member.

ESA optimum fines

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

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

Definition of worker

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

- performs work for a company for salaries
- supplies services to an employer for incomes
- receives 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 significance of "training" was expanded to include work performed throughout a trial period. An employee now consists of an individual who performs work during a trial duration for a company, if the abilities being examined throughout the trial duration are abilities utilized by the employer's workers or might be utilized by workers if there are no other staff members. This indicates the hours worked throughout the trial period should be counted as work time. Learn more about what counts as work time.

Deductions from salaries

The ESA forbids companies from making reductions from salaries when the employer had a cash lack, lost residential or commercial property or had actually property taken and a person besides the worker had access to the money or residential or commercial property.

On March 21, 2024, the ESA was changed to validate that this includes reductions from salaries in "dine and rush", "gas and dash" and other comparable circumstances.

Payment of wages - direct deposit

The ESA needs companies to pay wages by cash, cheque or direct deposit. If the salaries are paid by direct deposit, the account needs to remain in the staff member's name and no one aside from the employee can have access to the account, unless the employee has actually licensed it.

Effective June 21, 2024, an extra requirement will remain in place if the employer wishes to pay incomes by direct deposit: the account must be selected by the employee. This suggests the worker must choose which account to use and the employer can not limit a staff member's section by, for instance, needing the employee to utilize an account at a particular banks.

For payments that are to be made after June 20, 2024, an employee has the right to pick the account where their earnings are to be transferred. If a company previously limited a worker's account choice - for example, by requiring them to utilize an account at a particular monetary organization - it is the company's obligation to verify the staff member's selection of their desired account before they make the next payment after June 20, 2024. A staff member can also notify their employer that they want their salaries deposited to a different account and, when that takes place, the employer needs to make the change.

Vacation pay arrangements

The ESA enables a company to pay getaway pay to an employee on every pay cheque as it collects or at any agreed-upon time, however just with the arrangement of the employee. Discover more about when to pay getaway pay.

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

Tips or other gratuities - approaches of payment

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

- cash
- cheque
- direct deposit
If payment is by money or cheque, the employee should be paid the tips or other gratuities at the workplace or at some other location concurred to electronically or in writing by the worker.

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

The requirement that the staff member select the account implies the worker must decide which account to use, and the employer can not limit a staff member's selection by, for instance, needing the employee to utilize an account at a specific financial organization.

For payments that are to be made after June 20, 2024, a worker deserves to select the account where their suggestions are to be transferred. If an employer previously limited a worker's account selection - for instance, by requiring them to use an account at a particular financial institution - it is the company's obligation to verify the employee's selection of their wanted account before they make the next payment after June 20, 2024. A staff member can also alert their employer that they desire their ideas deposited to a various account and, when that occurs, the company must make the modification.

Tips sharing policy

The ESA enables employers, in addition to directors and investors of an employer, to share in pointers, if specified criteria are fulfilled.

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

The requirement to post a policy does not need 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 suggestion pool that is regularly applied (even if it's not made a note of). If the company has an unwritten however established, consistently-applied practice in location, the employer should put the policy in composing and publish a copy of the policy.

The ESA does not define the details that needs to appear in the policy, as long as the published file is a real copy of the policy that is in location and plainly mentions that the employer or a director or shareholder of the company shares in the suggestion pool.

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

Job posting requirements

On a date to be set by pronouncement of the Lieutenant Governor, changes will enter force that establish brand-new requirements for companies related to openly marketed job posts.

Temporary aid company and employer licensing

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

- Temporary aid companies are required to hold a licence to operate.Clients are forbidden from purposefully engaging or employment utilizing the services of a short-term help firm unless the company holds a licence. (Find out more about the relationship in between temporary aid companies and clients.).

• Employers, potential companies and other recruiters are restricted from purposefully engaging or utilizing the services of any recruiter that does not hold a licence.
  
  
  Where applications are made before July 1, 2024 and a choice is pending, there is a that will apply.
  
  On April 29, employment 2024, O. Reg. 99/23 - Licensing Temporary Help Agencies and Recruiters was changed. The changes consist of:
  
  - Adding a surety bond as a new appropriate form of security for all candidates,.
  - excusing particular employers from the security requirement under defined conditions,.
  - altering the application fee and security requirements for entities using both for a short-lived aid agency and an employer licence.

The ministry's licensing website has actually been upgraded to reflect these changes. Please check out that website for details.