Under the Employment Standards Act, 2000 (ESA), companies can need a staff member to provide evidence reasonable in the situations that they are entitled to ill leave under the ESA.

Effective October 28, 2024, companies can not need staff members to offer a certificate from a qualified health professional (a medical note). A "competent health specialist" is an individual who is qualified to practise as a physician, 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 believed to have actually devoted an offense under the ESA. If founded guilty, a person could be based on a fine or a regard to imprisonment 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 an employee to consist of a person who:

- carries out work for a company for incomes
- materials services to an employer for wages
- receives training from a company, if the skill they're being trained on is a skill utilized by the company's staff members
- is a homeworker
- was a staff member
On March 21, 2024, the significance of "training" was broadened to consist of work carried out during a trial duration. An employee now includes an individual who performs work throughout a trial period for a company, if the skills being examined during the trial duration are abilities used by the employer's staff members or might be utilized by workers if there are no other employees. This suggests the hours worked throughout the trial duration must be counted as work time. Find out more about what counts as work time.

Deductions from salaries

The ESA prohibits employers from making reductions from wages when the company had a cash shortage, lost home or had actually home stolen and employment a person besides the employee had access to the money or residential or commercial property.

On March 21, 2024, the ESA was amended to confirm that this includes deductions from earnings in "dine and dash", "gas and dash" and other similar situations.

Payment of salaries - direct deposit

The ESA requires employers to pay incomes by money, cheque or direct deposit. If the earnings are paid by direct deposit, the account must be in the staff member's name and nobody besides the worker can have access to the account, unless the worker has actually licensed it.

Effective June 21, 2024, an additional requirement will remain in location if the company wants to pay salaries by direct deposit: the account should be chosen by the staff member. This means the employee must decide which account to use and the company can not limit an employee's area by, for instance, requiring the worker to use an account at a specific monetary organization.

For payments that are to be made after June 20, 2024, a staff member deserves to select the account where their salaries are to be transferred. If a company formerly restricted a worker's account selection - for instance, by requiring them to use an account at a specific banks - it is the company's obligation to verify the staff member's choice of their desired account before they make the next payment after June 20, 2024. A staff member can likewise notify their company that they desire their earnings deposited to a different account and, when that happens, the company should make the change.

Vacation pay arrangements

The ESA allows an employer to pay holiday pay to an employee on every as it collects or at any agreed-upon time, however only with the arrangement of the employee. Learn more about when to pay trip pay.

Effective June 21, 2024, the ESA is changed to clarify that the worker should 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 contracts can not be spoken and should be made in writing (including electronically), consistent with how the ministry implements the ESA.

Tips or other gratuities - approaches of payment

Beginning June 21, 2024, companies will be required to pay suggestions or employment other gratuities by either:

- money
- cheque
- direct deposit
If payment is by cash or cheque, the employee should be paid the pointers or other gratuities at the workplace or at some other location consented to electronically or in composing by the worker.

If payment is made by direct deposit, the account should be selected by the staff member and remain in the staff member's name. Nobody besides the employee can have access to the account, unless the worker has actually licensed it.

The requirement that the staff member choose the account implies the staff member needs to choose which account to use, and the company can not restrict an employee's selection by, for example, needing the staff member to use an account at a particular financial institution.

For payments that are to be made after June 20, 2024, a staff member deserves to pick the account where their tips are to be deposited. If an employer previously restricted a staff member's account choice - for example, by requiring them to use an account at a specific banks - it is the employer's responsibility to validate the staff member's choice of their wanted account before they make the next payment after June 20, 2024. An employee can likewise alert their employer that they desire their ideas transferred to a different account and, when that takes place, the company needs to make the modification.

Tips sharing policy

The ESA enables employers, in addition to directors and shareholders of an employer, to share in tips, if specified criteria are met.

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

The requirement to publish a policy does not need an employer to develop a policy. It uses if a company has a written policy in place or employment if an employer has an established practice of sharing in a suggestion swimming pool that is consistently applied (even if it's not documented). If the company has an unwritten however recognized, consistently-applied practice in location, the employer needs to put the policy in composing and post a copy of the policy.

The ESA does not specify the information that needs to appear in the policy, as long as the posted file is a true copy of the policy that remains in place and clearly mentions that the company or a director or investor of the employer shares in the suggestion swimming pool.

Effective, June 21, 2024, companies will likewise be required to keep a copy of every tips 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 force that develop brand-new requirements for companies associated with openly advertised job postings.

Temporary assistance agency and recruiter licensing

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

- Temporary help companies are needed to hold a licence to operate.Clients are forbidden from intentionally engaging or using the services of a short-term aid firm unless the agency holds a licence. (Find out more about the relationship between short-lived aid companies and clients.).

• Employers, prospective companies and other employers are forbidden from intentionally engaging or utilizing the services of any employer 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 employment Recruiters was changed. The modifications include:
  
  - Adding a surety bond as a new acceptable type of security for all applicants,.
  - exempting specific recruiters from the security requirement under defined conditions,.
  - changing the application fee and security requirements for entities using both for a short-lived assistance agency and an employer licence.
  The ministry's licensing webpage has been upgraded to show these modifications. Please check out that webpage for details.