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Under the Employment Standards Act, 2000 (ESA), employers can require a staff member to supply proof reasonable in the circumstances that they are entitled to authorized leave under the ESA.
Effective October 28, 2024, employers can not need employees to offer a certificate from a qualified health specialist (a medical note). A « qualified health professional » 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 provided to the employee.
ESA maximum fines
A prosecution may be started under Part III of the Provincial Offences Act where a person is believed to have devoted an offense under the ESA. If founded guilty, a person might be based on a fine or a term of imprisonment or both.
As of October 28, 2024, the optimum fine for individuals convicted of contravening the ESA has actually to $100,000 (up from $50,000).
Definition of worker
The Employment Standards Act (ESA) defines a staff member to include a person who:
– carries out work for a company for incomes
– materials services to an employer for incomes
– gets training from a company, if the skill they’re being trained on is a skill used by the company’s workers
– is a homeworker
– was a worker
On March 21, 2024, the meaning of « training » was broadened to include work performed throughout a trial duration. A staff member now includes an individual who carries out work throughout a trial period for a company, if the skills being examined during the trial period are skills used by the employer’s employees or could be used by employees if there are no other staff members. This means the hours worked during the trial duration should be counted as work time. Find out more about what counts as work time.
Deductions from incomes
The ESA forbids companies from making deductions from salaries when the employer had a money shortage, lost property or had property taken and an individual besides the staff member had access to the money or property.
On March 21, 2024, the ESA was modified to confirm that this consists of deductions from earnings in « dine and rush », « gas and dash » and other comparable situations.
Payment of salaries – 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 must remain in the staff member’s name and nobody aside from the worker can have access to the account, unless the staff member has authorized it.
Effective June 21, 2024, an extra requirement will remain in location if the company wishes to pay wages by direct deposit: the account must be chosen by the employee. This implies the staff member must decide which account to use and the employer can not limit a staff member’s area by, for instance, needing the staff member to utilize an account at a particular banks.
For payments that are to be made after June 20, 2024, a staff member deserves to pick the account where their incomes are to be deposited. If a company formerly restricted a staff member’s account selection – for employment instance, by requiring them to use an account at a specific monetary institution – it is the employer’s duty 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 want their incomes transferred to a various account and, when that happens, the employer must make the modification.
Vacation pay contracts
The ESA permits a company to pay vacation pay to a worker on every pay cheque as it collects or at any agreed-upon time, however only with the contract of the worker. Learn 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 employer in order for the company to be able to pay vacation pay on every pay cheque or at an agreed-upon time. This confirms that such arrangements can not be verbal and should be made in composing (including electronically), consistent with how the ministry imposes the ESA.
Tips or other gratuities – techniques of payment
Beginning June 21, 2024, companies will be needed to pay ideas or other gratuities by either:
– money
– cheque
– direct deposit
If payment is by money or cheque, the worker must be paid the tips or other gratuities at the office or at some other location accepted electronically or in composing by the employee.
If payment is made by direct deposit, the account needs to be picked by the worker and be in the employee’s name. Nobody besides the staff member can have access to the account, unless the staff member has authorized it.
The requirement that the worker select the account implies the worker needs to choose which account to utilize, and the company can not restrict a worker’s selection by, for example, requiring the staff member to utilize an account at a specific banks.
For payments that are to be made after June 20, 2024, a worker has the right to choose the account where their pointers are to be transferred. If a company previously limited an employee’s account selection – for instance, by requiring them to use an account at a particular financial organization – it is the employer’s duty to confirm the worker’s selection of their preferred account before they make the next payment after June 20, 2024. A staff member can also inform their employer that they desire their pointers transferred to a different account and, when that occurs, the company must make the change.
Tips sharing policy
The ESA enables companies, along with directors and employment investors of a company, to share in tips, if specified requirements are fulfilled.
Effective June 21, 2024, where an employer has a policy about the company, director or investor of the employer, sharing in a tip pool, the company will be needed to publish a copy of that policy in a clearly visible location in the workplace where it is likely to come to the attention of staff members.
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 employment if an employer has a recognized practice of sharing in a tip swimming pool that is regularly applied (even if it’s not made a note of). If the company has an unwritten however established, consistently-applied practice in place, the company must put the policy in writing and post 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 clearly specifies that the employer or a director or shareholder of the employer shares in the pointer swimming pool.
Effective, June 21, 2024, employers will also be required to keep a copy of every ideas sharing policy that is required to be published for three years after the policy stops being in impact.
Job publishing requirements
On a date to be set by pronouncement of the Lieutenant Governor, amendments will enter into force that establish new requirements for employers associated with publicly advertised task posts.
Temporary aid firm and employer licensing
Beginning on July 1, 2024 under the Employment Standards Act, 2000 (ESA):
– Temporary help companies are required to hold a licence to operate.Clients are restricted from purposefully engaging or utilizing the services of a short-term aid agency unless the firm holds a licence. (Learn more about the relationship in between temporary assistance agencies and clients.).
– Employers, potential employers and other employers are restricted from purposefully 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 rule 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 new appropriate form of security for all applicants,.
– exempting particular employers from the security requirement under specified conditions,.
– altering the application fee and security requirements for entities using both for a temporary help company and an employer licence.
The ministry’s licensing web page has been upgraded to show these modifications. Please go to that webpage for details.