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Under the Employment Standards Act, employment 2000 (ESA), companies can need a worker to supply proof sensible in the situations that they are entitled to sick leave under the ESA.

Effective October 28, 2024, employers can not require employees to supply a certificate from a qualified health specialist (a medical note). A “qualified health professional” is an individual who is qualified to practise as a doctor, signed up 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 commenced under Part III of the Provincial Offences Act where a person is believed to have committed an offense under the ESA. If founded guilty, an individual might be subject to a fine or a term of imprisonment or both.

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

Definition of staff member

The Employment Standards Act (ESA) specifies a staff member to include a person who:

– carries out work for a company for wages

– supplies services to a company for earnings

– receives training from an employer, if the ability they’re being trained on is a skill utilized by the employer’s staff members

– is a homeworker

– was a worker

On March 21, employment 2024, the meaning of “training” was expanded to consist of work performed throughout a trial period. A worker now consists of a person who performs work during a trial duration for an employer, if the skills being examined during the trial duration are skills utilized by the company’s workers or could be utilized by employees if there are no other staff members. This suggests the hours worked during the trial period should be counted as work time. Find out more about what counts as work time.

Deductions from earnings

The ESA forbids companies from making deductions from wages when the employer had a cash scarcity, lost home or employment had property stolen and a person other than the staff member had access to the money or property.

On March 21, 2024, the ESA was changed to confirm that this includes deductions from wages in “dine and dash”, “gas and dash” and other comparable scenarios.

Payment of incomes – direct deposit

The ESA needs employers to pay earnings by cash, cheque or direct deposit. If the salaries are paid by direct deposit, the account should be in the employee’s name and nobody other than the staff member can have access to the account, unless the employee has licensed it.

Effective June 21, 2024, an additional requirement will be in place if the company wants to pay incomes by direct deposit: the account needs to be picked by the employee. This means the employee should decide which account to use and the employer can not limit a staff member’s area by, for example, needing the employee to utilize an account at a particular monetary institution.

For payments that are to be made after June 20, 2024, an employee can select the account where their wages are to be transferred. If an employer previously restricted an employee’s account choice – for example, by requiring them to utilize an account at a specific monetary organization – it is the employer’s duty to verify the employee’s choice of their wanted account before they make the next payment after June 20, 2024. A worker can also alert their employer that they want their incomes deposited to a various account and, when that occurs, the employer needs to make the modification.

Vacation pay arrangements

The ESA allows an employer to pay holiday pay to an employee on every pay cheque as it builds up or employment at any agreed-upon time, however just with the arrangement of the staff member. Discover more about when to pay getaway pay.

Effective June 21, 2024, the ESA is changed to clarify that the employee should make a contract 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 must be made in writing (consisting of digitally), consistent with how the ministry enforces the ESA.

Tips or other gratuities – approaches of payment

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

– money

– cheque

– direct deposit

If payment is by cash or cheque, the employee must be paid the ideas or other gratuities at the workplace or at some other location agreed to electronically or in composing by the employee.

If payment is made by direct deposit, the account should be chosen by the employee and be in the staff member’s name. Nobody other than the employee can have access to the account, unless the staff member has licensed it.

The requirement that the worker choose the account suggests the worker should decide which account to utilize, and the employer can not limit a worker’s choice by, for example, requiring the worker to use an account at a specific banks.

For payments that are to be made after June 20, 2024, a worker has the right to pick the account where their pointers are to be transferred. If an employer previously restricted an employee’s account choice – for example, by needing them to utilize an account at a specific banks – it is the employer’s obligation to confirm the worker’s choice of their desired account before they make the next payment after June 20, 2024. A worker can also alert their employer that they want their ideas deposited to a different account and, when that occurs, the employer should make the change.

Tips sharing policy

The ESA permits companies, as well as directors and shareholders of an employer, to share in pointers, if defined requirements are fulfilled.

Effective June 21, 2024, employment where an employer has a policy about the employer, director or investor of the employer, sharing in a suggestion swimming pool, the company will be needed to publish a copy of that policy in a plainly visible location in the work environment where it is likely to come to the attention of workers.

The to post a policy does not require a company to develop a policy. It applies if an employer has a written policy in location or if an employer has a recognized practice of sharing in an idea pool that is regularly applied (even if it’s not made a note of). If the employer has an unwritten but recognized, consistently-applied practice in place, the company must put the policy in writing and publish a copy of the policy.

The ESA does not define the information that needs to appear in the policy, as long as the posted document is a real copy of the policy that is in place and plainly states that the company or a director or investor of the employer shares in the pointer swimming pool.

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

Job posting requirements

On a date to be set by proclamation of the Lieutenant Governor, modifications will enter into force that establish brand-new requirements for employment employers associated with openly advertised task postings.

Temporary help company and employer licensing

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

– Temporary assistance agencies are needed to hold a licence to operate.Clients are restricted from knowingly engaging or utilizing the services of a momentary aid firm unless the company holds a licence. (Discover more about the relationship between temporary assistance firms and employment clients.).

– Employers, prospective companies and other recruiters are prohibited from intentionally engaging or using 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 rule that will apply.

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

– Adding a surety bond as a new appropriate kind of security for all applicants,.

– excusing particular recruiters from the security requirement under defined conditions,.

– changing the application cost and security requirements for entities using both for a temporary aid firm and an employer licence.

The ministry’s licensing website has actually been upgraded to reflect these changes. Please check out that web page for information.