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Under the Employment Standards Act, 2000 (ESA), employers can require an employee to offer evidence sensible in the situations that they are entitled to authorized leave under the ESA.

Effective October 28, 2024, employers can not require staff members to provide a certificate from a qualified health practitioner (a medical note). A “certified health professional” is an individual who is to practise as a physician, registered nurse or psychologist under the laws of the jurisdiction in which care or treatment is offered to the employee.

ESA optimum fines

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

Since October 28, 2024, the optimum 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

– products services to an employer for earnings

– gets training from an employer, if the ability they’re being trained on is an ability used by the employer’s employees

– 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 duration. A staff member now includes an individual who carries out work during a trial period for an employer, if the abilities being assessed during the trial period are abilities used by the employer’s staff members or might be utilized by staff members if there are no other staff members. This implies the hours worked throughout the trial period must be counted as work time. Discover more about what counts as work time.

Deductions from salaries

The ESA forbids companies from making deductions from earnings when the employer had a cash lack, lost residential or commercial property or had actually residential or commercial property stolen and a person other than the worker had access to the money or property.

On March 21, 2024, the ESA was changed to verify that this consists of reductions from wages in “dine and dash”, “gas and dash” and other comparable circumstances.

Payment of incomes – direct deposit

The ESA needs employers to pay salaries by cash, cheque or direct deposit. If the salaries are paid by direct deposit, the account needs to remain in the worker’s name and no one besides the employee can have access to the account, referall.us unless the employee has authorized it.

Effective June 21, 2024, an additional requirement will be in location if the employer desires to pay incomes by direct deposit: the account should be selected by the worker. This means the worker must choose which account to use and the company can not restrict a staff member’s section by, for instance, needing the staff member to use an account at a particular financial organization.

For payments that are to be made after June 20, 2024, a staff member has the right to select the account where their incomes are to be deposited. If a company formerly limited a worker’s account choice – for example, by needing them to use an account at a specific financial organization – it is the company’s responsibility to confirm the staff member’s selection 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 salaries deposited to a different account and, when that takes place, the company must make the modification.

Vacation pay agreements

The ESA enables a company to pay trip pay to a staff member on every pay cheque as it collects or at any agreed-upon time, however only with the contract of the worker. Find out more about when to pay trip 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 confirms that such agreements can not be spoken and should be made in writing (including electronically), constant with how the ministry imposes the ESA.

Tips or other gratuities – approaches of payment

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

– money

– cheque

– direct deposit

If payment is by cash or cheque, the employee should be paid the pointers or other gratuities at the office or at some other location consented to electronically or in composing by the staff member.

If payment is made by direct deposit, the account should be picked by the worker and be in the worker’s name. Nobody besides the worker can have access to the account, unless the employee has authorized it.

The requirement that the employee pick the account means the worker needs to decide which account to utilize, and the company can not limit an employee’s selection by, for instance, needing the employee to use an account at a specific financial organization.

For payments that are to be made after June 20, 2024, a staff member can choose the account where their tips are to be deposited. If an employer formerly limited a staff member’s account selection – for instance, by needing them to utilize an account at a specific monetary organization – it is the employer’s duty to validate the worker’s selection of their wanted account before they make the next payment after June 20, 2024. A staff member can also notify their company that they want their pointers deposited to a various account and, when that happens, the company needs to make the modification.

Tips sharing policy

The ESA enables companies, along with directors and investors of a company, to share in suggestions, if defined requirements are met.

Effective June 21, 2024, where an employer has a policy about the employer, director or investor of the employer, sharing in a tip swimming pool, the company will be required to publish a copy of that policy in a plainly visible place in the workplace where it is most likely to come to the attention of employees.

The requirement to post a policy does not need an employer to establish a policy. It applies if an employer has a written policy in place or if an employer has a recognized practice of sharing in a suggestion pool that is regularly applied (even if it’s not jotted down). If the employer has an unwritten however recognized, consistently-applied practice in place, the employer must put the policy in composing and post a copy of the policy.

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

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

Job publishing requirements

On a date to be set by proclamation of the Lieutenant Governor, changes will enter force that develop brand-new requirements for employers associated with openly advertised job postings.

Temporary aid agency 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 using the services of a temporary help firm unless the firm holds a licence. (Discover more about the relationship in between momentary help agencies and clients.).

– Employers, potential companies and other employers are restricted from knowingly 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 transitional guideline that will use.

On April 29, 2024, O. Reg. 99/23 – Licensing Temporary Help Agencies and Recruiters was changed. The modifications include:

– Adding a surety bond as a brand-new appropriate 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 using both for a short-term aid firm and an employer licence.

The ministry’s licensing web page has been updated to reflect these changes. Please check out that web page for details.