GitLab

Under the Employment Standards Act, 2000 (ESA), employers can require 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 need workers to provide a certificate from a qualified health professional (a medical note). A "certified health professional" is an individual who is certified to practise as a physician, signed up nurse or job psychologist under the laws of the jurisdiction in which care or treatment is provided to the employee.

ESA optimum fines

A prosecution may be begun under Part III of the Provincial Offences Act where an individual is thought to have dedicated an offence under the ESA. If convicted, a person might be subject to a fine or a regard to jail time or both.

Since October 28, 2024, the optimum fine for individuals convicted 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 a person who:

- performs work for an employer for salaries
- supplies services to an employer for incomes
- receives training from an employer, 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, 2024, the significance of "training" was broadened to consist of work performed throughout a trial period. A worker now consists of a person who carries out work throughout a trial duration for a company, if the skills being examined throughout the trial duration are skills utilized by the employer's employees or job might be used by staff members if there are no other employees. This indicates the hours worked throughout the trial period need to be counted as work time. Discover more about what counts as work time.

Deductions from salaries

The ESA forbids companies from making reductions from incomes when the employer had a cash lack, lost home or had property stolen and an individual aside from the worker had access to the cash or home.

On March 21, 2024, the ESA was changed to validate that this includes reductions from salaries in "dine and dash", "gas and dash" and other similar scenarios.

Payment of wages - direct deposit

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

Effective June 21, 2024, an extra requirement will remain in place if the employer wants to pay salaries by direct deposit: the account must be selected by the employee. This means the worker must choose which account to utilize and the company can not restrict a worker's section by, for example, job needing the worker to utilize an account at a specific monetary organization.

For payments that are to be made after June 20, 2024, a worker deserves to select the account where their incomes are to be transferred. If an employer previously restricted a staff member's account selection - for example, by needing them to utilize an account at a particular financial institution - it is the company's responsibility to validate the staff member's selection of their desired account before they make the next payment after June 20, 2024. A staff member can likewise notify their company that they want their incomes transferred to a various account and, when that happens, the employer should make the modification.

Vacation pay arrangements

The ESA permits a company to pay holiday pay to an employee on every pay cheque as it collects or at any agreed-upon time, however only with the agreement of the worker. Find out more about when to pay getaway pay.

Effective June 21, job 2024, the ESA is changed to clarify that the worker must make an agreement with the employer in order for the employer to be able to pay getaway pay on every pay cheque or at an agreed-upon time. This confirms that such agreements can not be spoken and need to be made in writing (consisting of digitally), constant with how the ministry implements the ESA.

Tips or other gratuities - methods of payment

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

- money
- cheque
- direct deposit
If payment is by cash or cheque, the worker needs to be paid the ideas or other gratuities at the workplace or at some other place agreed to digitally or in writing by the worker.

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

The that the worker pick the account indicates the staff member needs to choose which account to use, and the company can not restrict an employee's choice by, for instance, requiring the worker to utilize an account at a specific banks.

For payments that are to be made after June 20, 2024, a worker deserves to choose the account where their ideas are to be deposited. If an employer previously limited a worker's account choice - for example, by requiring them to utilize an account at a specific monetary organization - it is the employer's duty to confirm the staff member's selection of their preferred account before they make the next payment after June 20, job 2024. An employee can likewise inform their employer that they desire their pointers transferred to a different account and, when that takes place, the employer needs to make the modification.

Tips sharing policy

The ESA permits employers, as well as 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 employer, director or shareholder of the employer, sharing in a suggestion swimming pool, the employer will be required to post a copy of that policy in a clearly visible place in the office where it is likely to come to the attention of employees.

The requirement to publish a policy does not require an employer to develop a policy. It uses if a company has a written policy in place or if an employer has a recognized practice of sharing in a pointer pool that is regularly applied (even if it's not made a note of). If the employer has an unwritten however recognized, consistently-applied practice in location, the employer must put the policy in composing and post a copy of the policy.

The ESA does not specify the details that must appear in the policy, as long as the posted document is a real copy of the policy that is in location and clearly mentions that the employer or a director or shareholder of the employer shares in the pointer pool.

Effective, June 21, 2024, job companies will likewise be required to keep a copy of every suggestions sharing policy that is needed to be published for 3 years after the policy stops being in result.

Job posting requirements

On a date to be set by proclamation of the Lieutenant Governor, modifications will enter force that establish new requirements for employers related to publicly advertised job postings.

Temporary assistance agency and recruiter licensing

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

- Temporary assistance companies are needed to hold a licence to operate.Clients are restricted from intentionally engaging or job using the services of a short-lived assistance firm unless the company holds a licence. (Find out more about the relationship in between momentary assistance agencies and customers.).

• Employers, potential companies and other recruiters are restricted from knowingly 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 use.
  
  On April 29, 2024, O. Reg. 99/23 - Licensing Temporary Help Agencies and Recruiters was amended. The changes include:
  
  - Adding a surety bond as a brand-new appropriate form of security for all candidates,.
  - excusing certain recruiters from the security requirement under specified conditions,.
  - altering the application fee and security requirements for entities applying both for a temporary aid agency and a recruiter licence.

The ministry's licensing website has been updated to show these modifications. Please visit that web page for details.