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Under the Employment Standards Act, 2000 (ESA), companies can need a worker to supply evidence sensible in the situations that they are entitled to authorized leave under the ESA.
Effective October 28, 2024, companies can not require staff members to supply a certificate from a certified health specialist (a medical note). A “certified health professional” is an individual who is certified to practise as a doctor, registered 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 committed an offence under the ESA. If founded guilty, an individual could be based on a fine or a regard to imprisonment or both.
Since October 28, 2024, the optimum fine for people convicted of contravening the ESA has actually increased to $100,000 (up from $50,000).
Definition of employee
The Employment Standards Act (ESA) specifies an employee to consist of a person who:
– carries out work for a company for earnings
– products services to an employer for salaries
– receives training from a company, if the ability they’re being trained on is a skill used by the employer’s workers
– is a homeworker
– was an employee
On March 21, 2024, the significance of “training” was expanded to consist of work carried out during a trial period. An employee now includes a person who performs work during a trial duration for a company, if the abilities being examined during the trial period are skills used by the company’s workers or could be used by staff members if there are no other workers. This suggests the hours worked throughout the trial period must be counted as work time. Find out more about what counts as work time.
Deductions from wages
The ESA prohibits employers from making reductions from incomes when the employer had a cash lack, lost property or had actually property taken and a person other than the employee had access to the cash or property.
On March 21, 2024, the ESA was changed to verify that this includes reductions from salaries in “dine and dash”, “gas and dash” and other similar scenarios.
Payment of salaries – direct deposit
The ESA requires employers to pay incomes by cash, cheque or direct deposit. If the earnings are paid by direct deposit, the account must remain in the employee’s name and no one aside from the staff member can have access to the account, unless the worker has actually licensed it.
Effective June 21, 2024, an additional requirement will remain in place if the employer wants to pay earnings by direct deposit: the account needs to be chosen by the worker. This implies the worker needs to choose which account to utilize and the employer can not limit a worker’s area by, for example, requiring the worker to utilize an account at a particular financial institution.
For payments that are to be made after June 20, 2024, a worker deserves to select the account where their wages are to be transferred. If a company previously limited a worker’s account choice – for instance, by requiring them to utilize an account at a particular banks – it is the employer’s responsibility to confirm the employee’s choice of their preferred account before they make the next payment after June 20, 2024. An employee can likewise notify their employer that they want their incomes deposited to a various account and, when that happens, the employer should make the modification.
Vacation pay arrangements
The ESA enables a company to pay trip pay to a staff member on every pay cheque as it accumulates or at any agreed-upon time, but only with the agreement of the employee. Learn more about when to pay vacation pay.
Effective June 21, 2024, the ESA is amended to clarify that the employee needs to 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 contracts can not be spoken and should be made in writing (consisting of electronically), constant with how the ministry enforces the ESA.
Tips or other gratuities – methods 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 money or cheque, the employee needs to be paid the tips or other gratuities at the office or at some other location agreed to electronically or in writing by the employee.
If payment is made by direct deposit, the account should be chosen by the worker and be in the employee’s name. Nobody other than the worker can have access to the account, unless the worker has actually authorized it.
The requirement that the employee pick the account indicates the employee needs to decide which account to use, and the company can not restrict a worker’s choice 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 deserves to select the where their suggestions are to be deposited. If a company previously restricted a staff member’s account choice – for instance, referall.us by requiring them to utilize an account at a particular financial organization – it is the company’s obligation to validate the employee’s choice of their wanted account before they make the next payment after June 20, 2024. A worker can likewise inform their company that they want their suggestions transferred to a different account and, when that happens, the company needs to make the change.
Tips sharing policy
The ESA allows companies, in addition to directors and investors of an employer, to share in suggestions, if defined criteria are fulfilled.
Effective June 21, 2024, where an employer has a policy about the company, director or shareholder of the company, sharing in an idea swimming pool, the company will be required to publish a copy of that policy in a clearly visible location in the workplace where it is most likely to come to the attention of workers.
The requirement to publish a policy does not require a company to develop a policy. It uses if a company has a written policy in location or if a company has an established practice of sharing in a tip swimming pool that is regularly applied (even if it’s not documented). If the employer has an unwritten however recognized, consistently-applied practice in location, the employer needs to put the policy in composing and publish a copy of the policy.
The ESA does not specify the info that must appear in the policy, as long as the posted document is a real copy of the policy that is in location and plainly mentions that the company or a director or shareholder of the company shares in the idea pool.
Effective, June 21, 2024, companies will likewise be required to keep a copy of every suggestions sharing policy that is required to be published for 3 years after the policy stops being in result.
Job publishing requirements
On a date to be set by proclamation of the Lieutenant Governor, modifications will enter force that establish brand-new requirements for companies related to publicly advertised job postings.
Temporary aid firm and recruiter licensing
Beginning on July 1, 2024 under the Employment Standards Act, 2000 (ESA):
– Temporary assistance agencies are required to hold a licence to operate.Clients are forbidden from knowingly engaging or using the services of a momentary aid company unless the firm holds a licence. (Learn more about the relationship between short-lived aid companies and clients.).
– Employers, potential employers and other employers are restricted 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 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 modifications consist of:
– Adding a surety bond as a brand-new acceptable type of security for all applicants,.
– exempting particular employers from the security requirement under specified conditions,.
– changing the application fee and security requirements for entities applying both for a short-lived help firm and an employer licence.
The ministry’s licensing webpage has been updated to reflect these changes. Please go to that website for information.