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Under the Employment Standards Act, 2000 (ESA), employers can require a worker to provide proof sensible in the scenarios 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 qualified health specialist (a medical note). A “qualified health practitioner” is a person who is certified to practice as a doctor, signed up nurse or psychologist under the laws of the jurisdiction in which care or treatment is offered to the staff member.
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, an individual might be subject to a fine or a term of imprisonment or both.
Since October 28, 2024, the maximum fine for individuals convicted of contravening the ESA has increased to $100,000 (up from $50,000).
Definition of employee
The Employment Standards Act (ESA) defines a worker to consist of a person who:
– performs work for a company for wages
– products services to a company for wages
– receives training from a company, if the ability they’re being trained on is a skill utilized by the company’s workers
– is a homeworker
– was a worker
On March 21, 2024, the meaning of “training” was expanded to consist of work performed during a trial duration. An employee now includes a person who performs work during a trial period for an employer, if the skills being evaluated throughout the trial duration are skills utilized 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 period should be counted as work time. Learn more about what counts as work time.
Deductions from wages
The ESA prohibits companies from making deductions from salaries when the company had a cash shortage, lost residential or commercial property or had actually residential or commercial property stolen and a person other than the staff member had access to the cash or employment home.
On March 21, 2024, the ESA was amended to validate that this includes reductions from incomes in “dine and dash”, “gas and dash” and other similar scenarios.
Payment of earnings – direct deposit
The ESA needs companies to pay wages by cash, cheque or direct deposit. If the incomes are paid by direct deposit, the account should be in the employee’s name and no one besides the staff member can have access to the account, unless the worker has authorized it.
Effective June 21, 2024, an extra requirement will remain in location if the employer wishes to pay wages by direct deposit: the account needs to be picked by the employee. This suggests the worker should choose which account to use and the company can not restrict an employee’s area by, employment for employment instance, requiring the employee to use an account at a particular monetary organization.
For payments that are to be made after June 20, 2024, an employee has the right to choose the account where their earnings are to be transferred. If an employer formerly restricted a staff member’s account selection – for employment instance, by needing them to utilize an account at a particular monetary institution – it is the employer’s obligation to confirm the staff member’s selection of their desired account before they make the next payment after June 20, 2024. An employee can also inform their company that they want their wages deposited to a different account and, when that takes place, the company must make the change.
Vacation pay arrangements
The ESA allows a company to pay holiday pay to a staff member on every pay cheque as it builds up or at any agreed-upon time, but just with the contract of the employee. Discover more about when to pay trip pay.
Effective June 21, 2024, the ESA is changed to clarify that the employee needs to make an agreement with the employer in order for the company 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 must be made in writing (consisting of electronically), consistent with how the ministry imposes the ESA.
Tips or other gratuities – methods of payment
Beginning June 21, 2024, employers will be required to pay pointers or other gratuities by either:
– money
– cheque
– direct deposit
If payment is by cash or cheque, the staff member must be paid the tips or other gratuities at the workplace or employment at some other place agreed to digitally or in composing by the employee.
If payment is made by direct deposit, the account should be selected by the staff member and remain in the worker’s name. Nobody besides the employee can have access to the account, unless the staff member has actually licensed it.
The requirement that the staff member choose the account implies the staff member should decide which account to use, and the employer can not limit an employee’s choice by, employment for example, requiring the worker to utilize an account at a particular financial institution.
For payments that are to be made after June 20, 2024, an employee deserves to select the account where their tips are to be transferred. If a company previously restricted a worker’s account choice – for example, by requiring them to utilize an account at a specific monetary institution – it is the employer’s duty to verify the employee’s selection of their wanted account before they make the next payment after June 20, 2024. A worker can likewise notify their company that they want their pointers deposited to a various account and, employment when that takes place, the employer should make the modification.
Tips sharing policy
The ESA allows companies, in addition to directors and investors of a company, to share in pointers, if defined requirements are met.
Effective June 21, 2024, where a company has a policy about the employer, director or investor of the employer, sharing in an idea swimming pool, the employer will be needed to post a copy of that policy in a clearly noticeable place in the office where it is likely to come to the attention of staff members.
The requirement to publish a policy does not require an employer to develop a policy. It applies if a company has a written policy in place or if a company has a recognized practice of sharing in a suggestion 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 location, the employer should put the policy in composing and publish a copy of the policy.
The ESA does not specify the information that must appear in the policy, as long as the published document is a real copy of the policy that is in place and plainly specifies that the company or a director or investor of the company shares in the suggestion swimming pool.
Effective, June 21, 2024, employers will likewise be needed 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 publishing requirements
On a date to be set by proclamation of the Lieutenant Governor, changes will enter into force that develop brand-new requirements for companies connected to publicly advertised job postings.
Temporary aid agency and employer licensing
Beginning on July 1, 2024 under the Employment Standards Act, 2000 (ESA):
– Temporary aid companies are needed to hold a licence to operate.Clients are restricted from intentionally engaging or utilizing the services of a short-lived assistance firm unless the firm holds a licence. (Discover more about the relationship in between short-lived help agencies and clients.).
– Employers, potential companies and other recruiters are forbidden from intentionally engaging or utilizing the 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 rule that will use.
On April 29, 2024, O. Reg. 99/23 – Licensing Temporary Help Agencies and Recruiters was modified. The modifications consist of:
– Adding a surety bond as a brand-new acceptable type of security for all candidates,.
– excusing certain employers from the security requirement under defined conditions,.
– altering the application charge and security requirements for entities applying both for a momentary help firm and an employer licence.
The ministry’s licensing website has been upgraded to show these changes. Please visit that web page for information.