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

Effective October 28, 2024, companies can not require workers to offer a certificate from a qualified health practitioner (a medical note). A « qualified health professional » is a person who is certified to practise as a doctor, signed up nurse or psychologist under the laws of the jurisdiction in which care or treatment is supplied to the worker.

ESA optimum fines

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

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

Definition of staff member

The Employment Standards Act (ESA) defines a worker to include an individual who:

– performs work for a company for incomes

– supplies services to a company for salaries

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

– is a homeworker

– was a worker

On March 21, employment 2024, the meaning of « training » was broadened to consist of work carried out throughout a trial duration. An employee now includes an individual who performs work during a trial duration for an employer, if the abilities being examined during the trial period are skills utilized by the employer’s staff members or could be utilized by employees if there are no other employees. This means the hours worked during the trial duration need to be counted as work time. Find out more about what counts as work time.

Deductions from wages

The ESA forbids companies from making reductions from wages when the employer had a cash scarcity, lost residential or commercial property or had home taken and a person aside from the employee had access to the money or residential or commercial property.

On March 21, 2024, the ESA was changed to validate that this consists of reductions from wages in « dine and dash », « gas and dash » and other similar circumstances.

Payment of wages – direct deposit

The ESA needs companies to pay incomes by money, cheque or direct deposit. If the incomes are paid by direct deposit, the account needs to be in the worker’s name and nobody other than the staff member can have access to the account, unless the staff member has licensed it.

Effective June 21, 2024, an extra requirement will remain in place if the company wishes to pay salaries by direct deposit: the account must be picked by the employee. This indicates the worker needs to decide which account to use and the company can not restrict a staff member’s section by, for instance, needing the employee to utilize an account at a particular financial institution.

For payments that are to be made after June 20, 2024, a worker deserves to pick the account where their earnings are to be transferred. If a company formerly limited an employee’s account choice – for instance, by requiring them to utilize an account at a particular financial organization – it is the employer’s obligation to verify 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 earnings transferred to a various account and, when that takes place, the company needs to make the change.

Vacation pay agreements

The ESA enables an employer to pay getaway 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 employee. Find out more about when to pay getaway pay.

Effective June 21, 2024, the ESA is changed to clarify that the employee needs to make an agreement with the company in order for the company to be able to pay trip pay on every pay cheque or at an agreed-upon time. This validates that such agreements can not be verbal and need to be made in composing (including digitally), constant with how the ministry enforces the ESA.

Tips or other gratuities – techniques of payment

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

– cash

– cheque

– direct deposit

If payment is by money or cheque, the employee needs to be paid the pointers or other gratuities at the workplace or at some other location accepted digitally or in composing by the worker.

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

The requirement that the staff member pick the account indicates the employee should decide which account to use, and the company can not limit an employee’s selection by, for example, needing the staff member to utilize an account at a particular financial institution.

For payments that are to be made after June 20, 2024, an employee can choose the account where their suggestions are to be deposited. If an employer previously limited a staff member’s account choice – for instance, employment by requiring them to utilize an account at a specific monetary organization – it is the company’s duty to confirm the employee’s selection of their desired account before they make the next payment after June 20, 2024. A worker can also alert their employer that they desire their pointers deposited to a various account and, when that takes place, the company needs to make the modification.

Tips sharing policy

The ESA enables companies, in addition to directors and shareholders of an employer, to share in suggestions, if defined requirements are met.

Effective June 21, 2024, where an employer has a policy about the company, director or shareholder of the employer, sharing in a suggestion pool, the employer will be required to publish a copy of that policy in a clearly visible location in the work environment where it is likely to come to the attention of employees.

The requirement to publish a policy does not require an employer to establish a policy. It applies if a company has a written policy in location or if a company has an established practice of sharing in a tip pool that is consistently used (even if it’s not written down). If the employer has an unwritten but recognized, consistently-applied practice in location, the employer should put the policy in composing and post a copy of the policy.

The ESA does not specify the details that should appear in the policy, as long as the posted file is a real copy of the policy that is in location and that the employer or a director or investor of the employer shares in the tip pool.

Effective, June 21, 2024, companies will also be needed to keep a copy of every suggestions sharing policy that is needed 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 force that develop new requirements for companies related to publicly advertised task postings.

Temporary help agency and employer licensing

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

– Temporary assistance firms are required to hold a licence to operate.Clients are forbidden from knowingly engaging or using the services of a momentary help agency unless the firm holds a licence. (Find out more about the relationship between momentary assistance companies and clients.).

– Employers, potential employers and other recruiters are prohibited 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 include:

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

– exempting particular employers from the security requirement under defined conditions,.

– altering the application charge and security requirements for entities applying both for a short-lived assistance agency and an employer licence.

The ministry’s licensing website has been updated to show these changes. Please visit that webpage for employment details.