GitLab

Under the Employment Standards Act, 2000 (ESA), employers can require a worker to provide evidence sensible in the circumstances that they are entitled to authorized leave under the ESA.

Effective October 28, 2024, companies can not require workers to provide a certificate from a qualified health professional (a medical note). A "competent health practitioner" is an individual who is qualified to practice as a physician, registered nurse or 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 a person is thought to have devoted an offence under the ESA. If convicted, an individual could be based on a fine or a regard to imprisonment or both.

As of October 28, 2024, the maximum fine for individuals founded guilty of contravening the ESA has actually 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:

- carries out work for an employer for salaries
- products services to an employer for earnings
- gets training from a company, if the skill they're being trained on is a skill utilized by the company's employees
- is a homeworker
- was a worker
On March 21, 2024, the meaning of "training" was broadened to consist of work carried out during a trial duration. An employee now consists of an individual who performs work throughout a trial period for a company, if the skills being evaluated during the trial period are skills utilized by the company's staff members or could be utilized by staff members if there are no other workers. This means the hours worked during the trial duration should be counted as work time. Learn more about what counts as work time.

Deductions from earnings

The ESA prohibits employers from making reductions from earnings when the employer had a cash lack, lost home or had home stolen and a person aside from the worker had access to the cash or residential or commercial property.

On March 21, employment 2024, the ESA was changed to verify that this includes reductions from salaries in "dine and dash", "gas and dash" and other comparable circumstances.

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 staff member's name and nobody other than the worker can have access to the account, unless the employee has actually licensed it.

Effective June 21, 2024, an extra requirement will be in location if the employer desires to pay earnings by direct deposit: the account must be picked by the worker. This implies the staff member should decide which account to use and the employer can not restrict an employee's section by, for example, requiring the employee to utilize an account at a particular banks.

For payments that are to be made after June 20, 2024, an employee can select the account where their incomes are to be deposited. If an employer formerly limited a worker's account selection - for instance, by needing them to utilize an account at a particular financial organization - it is the employer's responsibility to confirm the employee's choice of their wanted account before they make the next payment after June 20, 2024. An employee can likewise notify their company that they desire their salaries transferred to a various account and, when that takes place, the employer needs to make the change.

Vacation pay arrangements

The ESA allows a company to pay holiday pay to an employee on every pay cheque as it builds up or at any agreed-upon time, but only with the arrangement of the worker. Learn more about when to pay vacation pay.

Effective June 21, 2024, the ESA is modified to clarify that the staff member needs to make a contract with the company in order for the employer to be able to pay vacation pay on every pay cheque or at an agreed-upon time. This verifies that such arrangements can not be verbal and should be made in writing (consisting of digitally), consistent with how the ministry enforces the ESA.

Tips or other gratuities - approaches of payment

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

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

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

The requirement that the staff member select the account indicates the employee must decide which account to utilize, and the company can not restrict a worker's selection by, for example, needing the staff member to use an account at a particular banks.

For payments that are to be made after June 20, 2024, a worker deserves to select the account where their ideas are to be deposited. If a company formerly restricted a staff member's account selection - for instance, by requiring them to use an account at a specific monetary organization - it is the company's responsibility to confirm the worker's selection of their wanted account before they make the next payment after June 20, 2024. An employee can also notify their company that they want their ideas transferred to a different account and, when that happens, the company should make the modification.

Tips sharing policy

The ESA allows employers, as well as directors and shareholders of an employer, to share in tips, if specified criteria are satisfied.

Effective June 21, 2024, where a company has a policy about the company, director or investor of the employer, sharing in a pointer pool, the employer will be required to publish a copy of that policy in a clearly visible place in the office where it is most likely to come to the attention of staff members.

The requirement to post a policy does not require a company to establish a policy. It applies if an employer has a written policy in location or if a company has an established practice of sharing in a suggestion swimming pool that is consistently used (even if it's not made a note of). If the company has an unwritten but recognized, consistently-applied practice in place, the company needs to put the policy in writing and post a copy of the policy.

The ESA does not define the details that should appear in the policy, as long as the published file is a true copy of the policy that is in location and clearly mentions that the employer or a director or investor of the company shares in the pointer 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 3 years after the policy stops being in result.

Job posting requirements

On a date to be set by proclamation of the Lieutenant Governor, will enter force that develop brand-new requirements for employers associated with openly marketed job posts.

Temporary aid company 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 restricted from knowingly engaging or utilizing the services of a momentary assistance firm unless the company holds a licence. (Discover more about the relationship between momentary assistance firms and clients.).

• Employers, potential companies and other recruiters 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 choice is pending, there is a transitional rule that will apply.
  
  On April 29, 2024, O. Reg. 99/23 - Licensing Temporary Help Agencies and Recruiters was changed. The changes consist of:
  
  - Adding a surety bond as a new acceptable type of security for all applicants,.
  - excusing particular employers from the security requirement under defined conditions,.
  - changing the application fee and security requirements for entities applying both for a temporary help agency and a recruiter licence.

The ministry's licensing webpage has been updated to reflect these modifications. Please visit that webpage for details.