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Under the Employment Standards Act, 2000 (ESA), job companies can require a worker to supply proof affordable 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 "certified health professional" is a person who is qualified to practice as a doctor, registered nurse or psychologist under the laws of the jurisdiction in which care or treatment is offered to the staff member.

ESA optimum fines

A prosecution may be commenced under Part III of the Provincial Offences Act where an individual is believed to have dedicated an offense under the ESA. If founded guilty, an individual could be subject to a fine or job a term of jail time or both.

Since October 28, 2024, the optimum fine for individuals 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 staff member to consist of a person who:

- performs work for a company for salaries
- products services to a company for salaries
- receives training from a company, if the ability they're being trained on is a skill utilized by the employer's employees
- is a homeworker
- was an employee
On March 21, 2024, the significance of "training" was expanded to consist of work performed during a trial duration. A staff member now consists of a person who carries out work throughout a trial duration for a company, if the abilities being examined throughout the trial period are skills used by the company's employees or could be used by employees if there are no other workers. This means the hours worked during the trial duration need to be as work time. Discover more about what counts as work time.

Deductions from wages

The ESA forbids employers from making reductions from incomes when the employer had a cash lack, lost residential or commercial property or job had home stolen and an individual besides the employee had access to the cash or residential or commercial property.

On March 21, 2024, the ESA was modified to validate that this includes reductions from earnings in "dine and rush", "gas and dash" and other comparable situations.

Payment of salaries - direct deposit

The ESA requires companies to pay salaries by money, cheque or direct deposit. If the wages are paid by direct deposit, the account must remain in the staff member's name and no one aside from the employee can have access to the account, unless the employee has actually licensed it.

Effective June 21, 2024, an additional requirement will be in location if the company wishes to pay salaries by direct deposit: the account needs to be chosen by the worker. This means the staff member must decide which account to use and the employer can not restrict an employee's area by, for instance, requiring the employee to use an account at a particular monetary institution.

For payments that are to be made after June 20, 2024, a staff member can choose the account where their salaries are to be deposited. If an employer previously restricted a staff member's account selection - for example, by needing them to use an account at a specific financial institution - it is the company's duty to confirm the worker's selection of their wanted account before they make the next payment after June 20, 2024. A worker can also alert their company that they desire their incomes transferred to a different account and, job when that occurs, the company needs to make the change.

Vacation pay arrangements

The ESA allows an employer to pay holiday pay to a staff member on every pay cheque as it accumulates or at any agreed-upon time, however just with the arrangement of the worker. Discover more about when to pay trip pay.

Effective June 21, 2024, the ESA is amended to clarify that the staff member needs to make an agreement with the company in order for job the employer to be able to pay vacation pay on every pay cheque or at an agreed-upon time. This validates that such arrangements can not be spoken and must be made in writing (including digitally), constant with how the ministry implements the ESA.

Tips or other gratuities - methods of payment

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

- cash
- cheque
- direct deposit
If payment is by money or cheque, the employee should be paid the pointers or other gratuities at the work environment or at some other place accepted electronically or in writing by the staff member.

If payment is made by direct deposit, the account must be chosen by the employee and be in the worker's name. Nobody besides the employee can have access to the account, unless the staff member has authorized it.

The requirement that the staff member pick the account implies the staff member should decide which account to use, and the employer can not limit a staff member's selection by, for instance, needing the employee to use an account at a particular banks.

For payments that are to be made after June 20, 2024, a staff member has the right to pick the account where their tips are to be transferred. If an employer previously restricted an employee's account selection - for job example, by requiring them to use an account at a particular monetary institution - it is the company's duty to validate the worker's selection of their wanted account before they make the next payment after June 20, 2024. A worker can likewise inform their employer that they want their suggestions transferred to a various account and, when that occurs, the employer needs to make the modification.

Tips sharing policy

The ESA allows companies, as well as directors and investors of an employer, to share in tips, 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 employer will be required to post a copy of that policy in a clearly visible place in the office 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 applies if a company has a written policy in location or if an employer has a recognized practice of sharing in a pointer swimming pool that is regularly used (even if it's not documented). If the employer has an unwritten however established, 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 define the info that should appear in the policy, as long as the posted document is a true copy of the policy that is in location and plainly specifies that the employer or a director or investor of the company shares in the pointer swimming pool.

Effective, June 21, 2024, employers will likewise be required to keep a copy of every tips sharing policy that is needed to be posted for three years after the policy stops being in result.

Job publishing requirements

On a date to be set by pronouncement of the Lieutenant Governor, changes will enter force that develop brand-new requirements for companies related to openly marketed job postings.

Temporary help firm and employer licensing

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

- Temporary help agencies are required to hold a licence to operate.Clients are forbidden from intentionally engaging or using the services of a momentary help company unless the agency holds a licence. (Discover more about the relationship between momentary aid companies and job clients.).

• Employers, prospective companies and other employers are restricted from purposefully engaging or using the services of any employer 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 modified. The modifications consist of:
  
  - Adding a surety bond as a new appropriate kind of security for all candidates,.
  - exempting specific employers from the security requirement under defined conditions,.
  - changing the application fee and security requirements for entities applying both for a momentary help company and an employer licence.

The ministry's licensing web page has actually been upgraded to reflect these modifications. Please visit that webpage for information.