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Under the Employment Standards Act, 2000 (ESA), employers can need a worker to supply proof reasonable in the circumstances that they are entitled to ill leave under the ESA.
Effective October 28, 2024, employers can not need workers to offer a certificate from a competent health practitioner (a medical note). A “competent 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 provided to the worker.
ESA maximum fines
A prosecution may be started under Part III of the Provincial Offences Act where a person is thought to have actually devoted an offense under the ESA. If founded guilty, an individual 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) specifies a worker to include an individual who:
– carries out work for an employer for salaries
– supplies services to an employer for wages
– receives training from an employer, if the skill they’re being trained on is an ability utilized by the company’s staff members
– is a homeworker
– was a worker
On March 21, 2024, the meaning of “training” was expanded to consist of work performed during a trial duration. A staff member now includes an individual who performs work during a trial duration for an employer, if the abilities being evaluated throughout the trial period are abilities used by the company’s employees or could be used by workers if there are no other staff members. This suggests the hours worked during the trial duration need to be counted as work time. Learn more about what counts as work time.
Deductions from earnings
The ESA prohibits employers from making reductions from earnings when the company had a cash scarcity, lost residential or commercial property or had actually property taken and an individual aside from the staff member had access to the cash or property.
On March 21, 2024, the ESA was changed to validate that this includes deductions from earnings in “dine and rush”, “gas and dash” and other similar situations.
Payment of incomes – direct deposit
The ESA requires employers to pay salaries by cash, cheque or direct deposit. If the wages are paid by direct deposit, the account needs to remain in the employee’s name and nobody besides the worker can have access to the account, unless the staff member has licensed it.
Effective June 21, 2024, an extra requirement will be in location if the employer wishes to pay incomes by direct deposit: the account must be selected by the employee. This indicates the staff member should choose which account to use and the company can not limit an employee’s area by, for example, requiring the worker to utilize an account at a specific financial organization.
For payments that are to be made after June 20, 2024, a worker deserves to pick the account where their wages are to be deposited. If an employer previously limited an employee’s account choice – for instance, by requiring them to use an account at a particular banks – it is the company’s responsibility to confirm the employee’s selection of their desired account before they make the next payment after June 20, 2024. An employee can also inform their employer that they desire their salaries deposited to a different account and, when that occurs, the employer needs to make the change.
Vacation pay arrangements
The ESA enables a company to pay trip pay to an employee on every pay cheque as it collects or at any agreed-upon time, but only with the agreement of the staff member. Learn more about when to pay holiday pay.
Effective June 21, 2024, the ESA is modified to clarify that the worker should make an arrangement with the company in order for the company to be able to pay vacation pay on every pay cheque or at an agreed-upon time. This validates that such contracts can not be verbal and should 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 tips 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 workplace or at some other place accepted digitally or in composing by the worker.
If payment is made by direct deposit, the account must be picked by the worker and be in the staff member’s name. Nobody other than the employee can have access to the account, unless the employee has authorized it.
The requirement that the employee select the account means the employee must decide which account to utilize, and the company can not restrict a staff member’s choice by, for instance, requiring the worker to use an account at a particular financial institution.
For payments that are to be made after June 20, 2024, a staff member can pick the account where their suggestions are to be transferred. If an employer previously limited a worker’s account selection – for example, by requiring them to use an account at a particular banks – it is the employer’s duty to confirm the staff member’s selection of their preferred account before they make the next payment after June 20, 2024. A worker can also inform their company that they desire their suggestions deposited to a various account and, when that takes place, the employer should make the modification.
Tips sharing policy
The ESA enables employers, as well as directors and investors of a company, referall.us to share in ideas, if specified requirements are satisfied.
Effective June 21, 2024, where a company has a policy about the employer, director or shareholder of the employer, sharing in a suggestion pool, the company will be needed to post a copy of that policy in a clearly noticeable place in the workplace where it is most likely to come to the attention of employees.
The requirement to post a policy does not require a company to develop a policy. It uses if an employer has a written policy in place or if an employer has a recognized practice of sharing in an idea pool that is regularly used (even if it’s not composed down). If the company has an unwritten however recognized, consistently-applied practice in place, the employer needs to put the policy in and post a copy of the policy.
The ESA does not define the info that needs to appear in the policy, as long as the published file is a real copy of the policy that remains in location and clearly states that the employer or a director or shareholder of the company shares in the pointer swimming pool.
Effective, June 21, 2024, employers will likewise be needed to keep a copy of every suggestions sharing policy that is required to be published for three years after the policy stops being in impact.
Job posting requirements
On a date to be set by proclamation of the Lieutenant Governor, changes will enter into force that develop new requirements for employers associated with publicly marketed task posts.
Temporary assistance agency and recruiter licensing
Beginning on July 1, 2024 under the Employment Standards Act, 2000 (ESA):
– Temporary assistance firms are required to hold a licence to operate.Clients are restricted from knowingly engaging or utilizing the services of a momentary assistance firm unless the company holds a licence. (Discover more about the relationship in between short-lived aid agencies and clients.).
– Employers, potential companies and other employers are restricted from knowingly engaging or using 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 rule that will apply.
On April 29, 2024, O. Reg. 99/23 – Licensing Temporary Help Agencies and Recruiters was amended. The modifications include:
– Adding a surety bond as a new acceptable type of security for all candidates,.
– excusing certain recruiters from the security requirement under defined conditions,.
– changing the application cost and security requirements for entities applying both for a temporary help agency and a recruiter licence.
The ministry’s licensing website has actually been updated to show these changes. Please check out that webpage for information.
