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Under the Employment Standards Act, 2000 (ESA), companies can require a worker to offer evidence reasonable in the circumstances that they are entitled to authorized leave under the ESA.
Effective October 28, 2024, companies can not need staff members to supply a certificate from a certified health professional (a medical note). A “certified health specialist” is an individual who is certified to practise as a physician, registered 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 an individual is thought to have devoted an offence under the ESA. If founded guilty, a person might be based on a fine or a regard to jail time or both.
Since October 28, job 2024, the maximum fine for people convicted of contravening the ESA has actually increased to $100,000 (up from $50,000).
Definition of staff member
The Employment Standards Act (ESA) defines an employee to consist of a person who:
– carries out work for an employer for earnings
– materials services to an employer for earnings
– receives training from a company, if the skill they’re being trained on is an ability utilized by the company’s workers
– is a homeworker
– was a staff member
On March 21, 2024, the significance of “training” was broadened to consist of work performed throughout a trial period. A staff member now consists of a person who carries out work during a trial period for an employer, if the skills being evaluated throughout the trial duration are abilities utilized by the company’s staff members or might be used by employees if there are no other workers. This means the hours worked throughout the trial period should be counted as work time. Learn more about what counts as work time.
Deductions from incomes
The ESA forbids companies from making reductions from earnings when the employer had a money lack, lost residential or commercial property or had home stolen and a person other than the worker had access to the money or home.
On March 21, 2024, the ESA was amended to verify that this consists of reductions from incomes in “dine and rush”, “gas and dash” and other similar circumstances.
Payment of earnings – direct deposit
The ESA requires employers to pay earnings by cash, cheque or direct deposit. If the wages are paid by direct deposit, the account needs to remain in the employee’s name and no one aside from the worker can have access to the account, unless the employee has actually authorized it.
Effective June 21, 2024, an extra requirement will remain in location if the company wants to pay wages by direct deposit: the account should be selected by the staff member. This means the must choose which account to use and the employer can not restrict a staff member’s section by, for instance, requiring the employee to utilize an account at a specific banks.
For payments that are to be made after June 20, 2024, a staff member has the right to select the account where their earnings are to be transferred. If a company previously restricted a worker’s account choice – for job example, by needing them to use an account at a specific monetary organization – it is the company’s obligation to validate the employee’s choice of their wanted account before they make the next payment after June 20, 2024. A staff member can also alert their employer that they desire their earnings deposited to a various account and, when that takes place, the company needs to make the modification.
Vacation pay arrangements
The ESA allows an employer to pay holiday pay to an employee on every pay cheque as it accumulates or at any agreed-upon time, but only with the arrangement of the worker. Discover more about when to pay getaway pay.
Effective June 21, 2024, the ESA is changed to clarify that the worker needs to make an agreement with the employer in order for the company to be able to pay holiday pay on every pay cheque or at an agreed-upon time. This verifies that such arrangements can not be spoken and need to be made in composing (including electronically), consistent with how the ministry implements the ESA.
Tips or other gratuities – methods of payment
Beginning June 21, 2024, employers will be needed to pay tips or other gratuities by either:
– money
– cheque
– direct deposit
If payment is by money or cheque, the staff member must be paid the pointers or other gratuities at the work environment or at some other place consented to electronically or in writing by the employee.
If payment is made by direct deposit, the account needs to be chosen by the employee and remain in the employee’s name. Nobody aside from the worker can have access to the account, job unless the employee has authorized it.
The requirement that the worker pick the account suggests the staff member must decide which account to utilize, and the company can not restrict a worker’s choice by, for example, job needing the employee to use an account at a specific banks.
For payments that are to be made after June 20, 2024, a worker can choose the account where their suggestions are to be transferred. If an employer previously restricted a worker’s account selection – for example, by needing them to utilize an account at a specific financial organization – it is the company’s obligation to verify the staff member’s choice of their preferred account before they make the next payment after June 20, 2024. An employee can likewise alert their employer that they want their pointers transferred to a various account and, when that takes place, the company must make the change.
Tips sharing policy
The ESA permits employers, as well as directors and investors of an employer, to share in ideas, if defined criteria are fulfilled.
Effective June 21, 2024, where an employer has a policy about the company, director or shareholder of the company, sharing in a suggestion swimming pool, the employer will be needed to publish a copy of that policy in a clearly noticeable place in the workplace where it is most likely to come to the attention of workers.
The requirement to post a policy does not require a company to develop a policy. It applies if a company has a written policy in place or if a company has an established practice of sharing in a tip pool that is regularly applied (even if it’s not written down). If the employer has an unwritten however established, consistently-applied practice in location, the company needs to put the policy in writing and publish a copy of the policy.
The ESA does not specify the details that should appear in the policy, as long as the posted document is a true copy of the policy that is in place and clearly specifies that the employer or a director or shareholder of the company shares in the tip pool.
Effective, June 21, 2024, employers will also be required 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 posting requirements
On a date to be set by proclamation of the Lieutenant Governor, modifications will enter force that establish new requirements for employers connected to publicly marketed job postings.
Temporary help agency and employer licensing
Beginning on July 1, 2024 under the Employment Standards Act, 2000 (ESA):
– Temporary assistance agencies are needed to hold a licence to operate.Clients are prohibited from knowingly engaging or utilizing the services of a temporary help company unless the company holds a licence. (Learn more about the relationship between short-term aid agencies and clients.).
– Employers, prospective companies and other recruiters are forbidden 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 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 brand-new appropriate form of security for job all applicants,.
– exempting particular recruiters from the security requirement under specified conditions,.
– altering the application charge and security requirements for entities applying both for job a short-lived aid company and a recruiter licence.
The ministry’s licensing website has been updated to show these changes. Please check out that website for details.