Under the Employment Standards Act, 2000 (ESA), employers can need an employee to supply proof affordable in the circumstances that they are entitled to authorized leave under the ESA.

Effective October 28, 2024, companies can not require employees to supply a certificate from a competent health practitioner (a medical note). A "certified health professional" is an individual who is certified to practice as a physician, signed up nurse or psychologist under the laws of the jurisdiction in which care or treatment is provided to the worker.

ESA maximum fines

A prosecution might be commenced under Part III of the Provincial Offences Act where an individual is believed to have committed an offense under the ESA. If founded guilty, a person could be subject to a fine or a term of jail time or both.

Since October 28, 2024, the maximum fine for individuals convicted 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 salaries
- supplies services to an employer for wages
- receives training from a company, if the ability they're being trained on is a skill used by the company's employees
- is a homeworker
- was a staff member
On March 21, 2024, the meaning of "training" was expanded to consist of work performed during a trial duration. A staff member now includes an individual who carries out work during a trial duration for an employer, if the skills being examined throughout the trial period are abilities used by the company's workers or could be utilized by staff members if there are no other staff members. This means the hours worked during the trial duration should be counted as work time. Discover more about what counts as work time.

Deductions from earnings

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

On March 21, 2024, the ESA was changed to validate that this consists of deductions from incomes in "dine and rush", "gas and dash" and other similar scenarios.

Payment of incomes - direct deposit

The ESA needs companies to pay incomes by cash, cheque or direct deposit. If the earnings are paid by direct deposit, the account should be in the employee's name and employment no one other than the worker can have access to the account, unless the worker has actually licensed it.

Effective June 21, 2024, an additional requirement will be in place if the company wants to pay salaries by direct deposit: the account needs to be picked by the staff member. This suggests the worker needs to choose which account to utilize and the company can not restrict an employee's area by, for example, needing the worker to use an account at a particular banks.

For payments that are to be made after June 20, 2024, an employee has the right to pick the account where their salaries are to be transferred. If a company formerly restricted a worker's account choice - for instance, by requiring them to use an account at a particular banks - it is the company's obligation to verify the employee's choice of their preferred account before they make the next payment after June 20, 2024. An employee can likewise alert their company that they want their salaries deposited to a different account and, when that occurs, the employer needs to make the change.

Vacation pay agreements

The ESA permits an employer to pay trip pay to a staff member on every pay cheque as it collects or at any agreed-upon time, but only with the contract of the staff member. Learn more about when to pay holiday pay.

Effective June 21, 2024, the ESA is modified to clarify that the staff member must 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 contracts can not be verbal and should be made in writing (including digitally), consistent 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 cash or cheque, the worker must be paid the pointers or other gratuities at the work environment or at some other place consented to electronically or in composing by the staff member.

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

The requirement that the employee pick the account suggests the worker must decide which account to use, and the company can not limit a staff member's choice by, for instance, requiring the employee to use an account at a particular banks.

For payments that are to be made after June 20, 2024, a worker can select the account where their tips are to be transferred. If an employer previously restricted a staff member's account choice - for example, by requiring them to utilize an account at a specific monetary organization - it is the employer's obligation to confirm the employee's selection of their preferred account before they make the next payment after June 20, 2024. A worker can likewise alert their company that they desire their suggestions deposited to a various account and, when that happens, employment the company needs to make the change.

Tips sharing policy

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

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

The requirement to post 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 an established practice of sharing in a tip swimming pool that is consistently applied (even if it's not composed down). If the employer has an unwritten however established, consistently-applied practice in location, the employer should put the policy in composing and publish a copy of the policy.

The ESA does not define the information that should appear in the policy, as long as the posted file is a real copy of the policy that is in location and clearly mentions that the company or a director or investor of the company shares in the tip pool.

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

Job publishing requirements

On a date to be set by pronouncement of the Lieutenant Governor, amendments will come into force that develop new requirements for employers related to openly marketed task postings.

Temporary assistance agency and employer licensing

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

- Temporary aid firms are needed to hold a licence to operate.Clients are forbidden from purposefully engaging or utilizing the services of a temporary aid agency unless the agency holds a licence. (Discover more about the relationship between temporary aid firms and employment clients.).

• Employers, prospective companies and other recruiters are restricted from purposefully 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 rule that will apply.
  
  On April 29, 2024, O. Reg. 99/23 - Licensing Temporary Help Agencies and Recruiters was modified. The changes include:
  
  - Adding a surety bond as a new acceptable form of security for all applicants,.
  - excusing certain recruiters from the security requirement under specified conditions,.
  - altering the application fee and security requirements for entities using both for a momentary aid firm and an employer licence.

The ministry's licensing web page has been upgraded to reflect these modifications. Please visit that web page for details.