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Under the Employment Standards Act, job 2000 (ESA), companies can require a staff member to supply proof reasonable in the scenarios that they are entitled to ill leave under the ESA.
Effective October 28, 2024, employers can not need workers to provide a certificate from a certified health professional (a medical note). A “competent health practitioner” is an individual who is qualified to practise as a physician, signed up nurse or psychologist under the laws of the jurisdiction in which care or treatment is provided to the employee.
ESA optimum fines
A prosecution may be started under Part III of the Provincial Offences Act where an individual is thought to have committed an offense under the ESA. If convicted, a person might be based on a fine or a term of jail time or both.
As of October 28, 2024, the maximum fine for individuals founded guilty of contravening the ESA has 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 a company for salaries
– materials services to a company for earnings
– gets training from an employer, if the skill they’re being trained on is a skill utilized by the employer’s employees
– is a homeworker
– was a worker
On March 21, 2024, the meaning of “training” was expanded to consist of work carried out throughout a trial period. A worker now consists of a person who carries out work during a trial period for a company, if the skills being assessed during the trial duration are abilities used by the employer’s employees or might be used by employees if there are no other employees. This implies the hours worked throughout the trial period need to be counted as work time. Learn more about what counts as work time.
Deductions from wages
The ESA prohibits companies from making deductions from earnings when the company had a cash lack, lost property or had actually home stolen and a person besides the staff member had access to the cash or property.
On March 21, 2024, the ESA was modified to verify that this consists of deductions from earnings in “dine and dash”, “gas and dash” and other similar scenarios.
Payment of salaries – direct deposit
The ESA needs employers to pay wages by cash, cheque or direct deposit. If the salaries are paid by direct deposit, the account needs to be in the worker’s name and no one besides the worker can have access to the account, unless the staff member has licensed it.
Effective June 21, 2024, an extra requirement will remain in location if the company wishes to pay salaries by direct deposit: the account needs to be chosen by the employee. This suggests the worker should decide which account to utilize and the employer can not limit a worker’s section by, for example, requiring the employee to utilize an account at a specific monetary organization.
For payments that are to be made after June 20, 2024, a worker deserves to select the account where their incomes are to be transferred. If an employer formerly restricted a worker’s account selection – for instance, by requiring them to use an at a particular financial organization – it is the company’s obligation to confirm the employee’s choice of their desired account before they make the next payment after June 20, 2024. An employee can also alert their employer that they desire their earnings deposited to a different account and, when that occurs, the employer needs to make the modification.
Vacation pay contracts
The ESA enables a company to pay getaway pay to an employee on every pay cheque as it accumulates or at any agreed-upon time, but only with the arrangement 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 an agreement with the company 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 arrangements can not be verbal and must be made in composing (consisting of electronically), constant with how the ministry imposes the ESA.
Tips or other gratuities – 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 cash or cheque, the worker must be paid the ideas or other gratuities at the office or at some other location concurred to electronically or in composing by the employee.
If payment is made by direct deposit, job the account must be selected by the employee and remain in the worker’s name. Nobody other than the worker can have access to the account, unless the worker has actually authorized it.
The requirement that the worker choose the account means the worker must decide which account to utilize, and the company can not restrict a staff member’s choice by, for instance, needing the worker to use an account at a specific banks.
For payments that are to be made after June 20, 2024, an employee has the right to pick the account where their suggestions are to be deposited. If an employer previously limited an employee’s account selection – for instance, by requiring them to utilize an account at a specific financial organization – it is the employer’s responsibility to verify the staff member’s selection of their preferred account before they make the next payment after June 20, 2024. A worker can also alert their employer that they want their pointers transferred to a different account and, when that takes place, the company must make the modification.
Tips sharing policy
The ESA allows companies, as well as directors and investors of a company, to share in pointers, if specified criteria are met.
Effective June 21, job 2024, where a company has a policy about the company, director or shareholder of the company, sharing in a suggestion swimming pool, job the employer will be required to publish 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 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 an employer has an established practice of sharing in a suggestion swimming pool that is consistently used (even if it’s not composed down). If the company has an unwritten but recognized, consistently-applied practice in location, the company 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 posted file is a true copy of the policy that remains 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, companies will likewise be required to keep a copy of every pointers sharing policy that is needed to be posted for three 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 develop brand-new requirements for employers connected to openly advertised task posts.
Temporary help company and employer licensing
Beginning on July 1, 2024 under the Employment Standards Act, 2000 (ESA):
– Temporary assistance companies are needed to hold a licence to operate.Clients are prohibited from purposefully engaging or utilizing the services of a momentary assistance firm unless the company holds a licence. (Find out more about the relationship between temporary assistance agencies and customers.).
– Employers, prospective companies and other recruiters are restricted from intentionally engaging 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 amended. The changes consist of:
– Adding a surety bond as a new acceptable type of security for all candidates,.
– exempting certain employers from the security requirement under specified conditions,.
– changing the application cost and security requirements for entities applying both for a momentary help company and an employer licence.
The ministry’s licensing website has actually been upgraded to reflect these changes. Please check out that webpage for information.