Under the Employment Standards Act, 2000 (ESA), companies can require a staff member to offer proof reasonable in the circumstances that they are entitled to authorized leave under the ESA.

Effective October 28, 2024, companies can not require employees to supply a certificate from a qualified health practitioner (a medical note). A "qualified health specialist" is a person who is qualified to practice as a physician, signed up nurse or psychologist under the laws of the jurisdiction in which care or treatment is supplied to the worker.

ESA maximum fines

A prosecution may be started under Part III of the Provincial Offences Act where a person is believed to have actually dedicated an offence under the ESA. If convicted, a person could be based on a fine or a regard to imprisonment or both.

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

Definition of employee

The Employment Standards Act (ESA) defines a staff member to consist of a person who:

- performs work for an employer for wages
- products services to a company for wages
- receives training from a company, if the skill they're being trained on is a skill utilized by the company's workers
- is a homeworker
- was an employee
On March 21, 2024, the significance of "training" was broadened to consist of work performed during a trial period. An employee now includes an individual who performs work during a trial period for an employer, if the skills being evaluated during the trial duration are skills utilized by the employer's employees or could be utilized by staff members if there are no other employees. This suggests the hours worked during the trial duration should be counted as work time. Find out more about what counts as work time.

Deductions from salaries

The ESA prohibits employers from making deductions from salaries when the employer had a money scarcity, lost residential or commercial property or had actually property taken and an individual other than the staff member had access to the money or home.

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

Payment of salaries - direct deposit

The ESA needs employers to pay earnings by cash, cheque or direct deposit. If the incomes are paid by direct deposit, the account must remain in the worker's name and no one other than the employee can have access to the account, unless the employee has actually authorized it.

Effective June 21, 2024, an additional requirement will remain in location if the employer wants to pay salaries by direct deposit: the account needs to be picked by the worker. This suggests the staff member must decide which account to utilize and the company can not restrict an employee's section by, for instance, requiring the employee to use an account at a specific banks.

For payments that are to be made after June 20, 2024, a worker can select the account where their salaries are to be deposited. If a company previously limited a staff member's account choice - for instance, by requiring them to use an account at a specific monetary institution - it is the company's duty to validate the worker's choice of their wanted account before they make the next payment after June 20, 2024. An employee can also notify their employer that they desire their incomes transferred to a different account and, when that takes place, the employer needs to make the change.

Vacation pay agreements

The ESA enables a company to pay holiday pay to a staff member on every pay cheque as it collects or at any agreed-upon time, however only with the arrangement of the worker. Learn more about when to pay getaway pay.

Effective June 21, 2024, the ESA is modified to clarify that the staff member should make an agreement with the employer in order for the employer to be able to pay getaway pay on every pay cheque or at an agreed-upon time. This validates that such agreements can not be spoken and should be made in composing (consisting of digitally), constant with how the ministry enforces the ESA.

Tips or other approaches of payment

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

- cash
- cheque
- direct deposit
If payment is by money or cheque, the worker needs to be paid the tips or other gratuities at the office or at some other place consented to digitally or in writing by the employee.

If payment is made by direct deposit, the account needs to be chosen by the employee and remain 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 employee pick the account indicates the worker must decide which account to utilize, and the company can not restrict a staff member's selection by, for instance, needing the worker to utilize an account at a specific monetary institution.

For payments that are to be made after June 20, 2024, a staff member has the right to select the account where their suggestions are to be deposited. If a company formerly limited an employee's account selection - for instance, by requiring them to utilize an account at a specific banks - it is the company's responsibility to verify the staff member's selection of their desired account before they make the next payment after June 20, 2024. An employee can also alert their company that they desire their suggestions transferred to a various account and, when that takes place, the company must make the modification.

Tips sharing policy

The ESA permits employers, along with directors and investors of a company, to share in ideas, if specified criteria are fulfilled.

Effective June 21, 2024, where an employer has a policy about the company, director or investor of the company, sharing in a suggestion swimming pool, the company will be required to post a copy of that policy in a clearly visible place in the office where it is most likely to come to the attention of staff members.

The requirement to publish a policy does not require an employer 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 used (even if it's not written down). If the employer has an unwritten however recognized, consistently-applied practice in location, the employer must put the policy in writing and publish 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 place and plainly mentions that the company or a director or shareholder of the employer shares in the tip pool.

Effective, June 21, 2024, employers will likewise be required to keep a copy of every pointers 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, amendments will come into force that establish brand-new requirements for companies related to openly marketed job postings.

Temporary aid agency and employer 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 prohibited from knowingly engaging or using the services of a short-term aid firm unless the firm holds a licence. (Learn more about the relationship in between short-lived aid companies and clients.).

• Employers, potential companies and other employers are prohibited from intentionally engaging or utilizing the services of any recruiter 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 changes consist of:
  
  - Adding a surety bond as a brand-new acceptable type of security for all applicants,.
  - exempting certain recruiters from the security requirement under defined conditions,.
  - altering the application charge and security requirements for entities using both for a short-lived assistance agency and an employer licence.
  The ministry's licensing website has been upgraded to reflect these changes. Please visit that webpage for information.