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Under the Employment Standards Act, 2000 (ESA), companies can require a staff member to supply proof sensible in the situations that they are entitled to authorized leave under the ESA.
Effective October 28, 2024, employers can not require workers to provide a certificate from a qualified health professional (a medical note). A “certified health practitioner” is an individual who is certified to practise as a physician, employment signed up nurse or psychologist under the laws of the jurisdiction in which care or employment treatment is provided to the staff member.
ESA maximum fines
A prosecution might be begun under Part III of the Provincial Offences Act where an individual is believed to have actually dedicated an offence under the ESA. If convicted, an individual might be based on a fine or a regard to jail time or both.
Since October 28, employment 2024, the maximum fine for people convicted of contravening the ESA has increased to $100,000 (up from $50,000).
Definition of employee
The Employment Standards Act (ESA) defines a staff member to consist of a person who:
– carries out work for a company for wages
– materials services to an employer for incomes
– receives training from a company, if the skill they’re being trained on is a skill utilized by the company’s workers
– is a homeworker
– was a staff member
On March 21, 2024, the significance of “training” was broadened to include work performed during a trial duration. A staff member now includes a person 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 employer’s workers or could be used by workers if there are no other workers. This implies the hours worked during the trial duration must be counted as work time. Find out more about what counts as work time.
Deductions from wages
The ESA forbids companies from making reductions from incomes when the employer had a cash scarcity, lost property or had home taken and a person besides the worker had access to the money or property.
On March 21, 2024, the ESA was changed to verify that this includes deductions from incomes in “dine and dash”, “gas and dash” and other comparable situations.
Payment of wages – direct deposit
The ESA requires employers to pay incomes by money, cheque or direct deposit. If the incomes are paid by direct deposit, the account must be in the employee’s name and nobody besides the worker can have access to the account, unless the staff member has actually licensed it.
Effective June 21, employment 2024, an additional requirement will remain in place if the company wishes to pay earnings by direct deposit: the account should be selected by the worker. This suggests the worker needs to choose which account to use and the company can not restrict a worker’s area by, for instance, needing the employee to utilize an account at a particular monetary organization.
For payments that are to be made after June 20, 2024, a worker has the right to pick the account where their earnings are to be transferred. If a company formerly restricted an employee’s account selection – for instance, employment by requiring them to utilize an account at a particular banks – it is the employer’s duty to verify the staff member’s choice of their preferred account before they make the next payment after June 20, 2024. A staff member can also notify their employer that they want their incomes transferred to a different account and, when that occurs, the employer should make the modification.
Vacation pay agreements
The ESA permits a company to pay trip pay to a worker on every pay cheque as it builds up or at any agreed-upon time, but just with the agreement of the staff member. Find out more about when to pay getaway pay.
Effective June 21, 2024, the ESA is modified to clarify that the employee should make an arrangement with the employer in order for the employer to be able to pay holiday pay on every pay cheque or employment at an agreed-upon time. This verifies that such arrangements can not be spoken and must be made in composing (including electronically), constant with how the ministry enforces the ESA.
Tips or other gratuities – techniques of payment
Beginning June 21, 2024, companies will be needed to pay ideas or other gratuities by either:
– cash
– cheque
– direct deposit
If payment is by money or cheque, the employee should be paid the pointers or other gratuities at the office or at some other location consented to digitally or in writing by the employee.
If payment is made by direct deposit, the account must be picked by the employee and remain in the staff member’s name. Nobody besides 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 worker should choose which account to utilize, and the employer can not restrict an employee’s choice by, for example, requiring the worker 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 limited an employee’s account selection – for instance, by requiring them to use an account at a particular monetary institution – it is the to validate the staff member’s choice of their wanted account before they make the next payment after June 20, 2024. An employee can likewise alert their employer that they desire their tips deposited to a different account and, when that takes place, the employer must make the change.
Tips sharing policy
The ESA enables employers, in addition to directors and investors of a company, to share in tips, if defined criteria are satisfied.
Effective June 21, 2024, where an employer has a policy about the employer, director or investor of the employer, sharing in a suggestion pool, the employer will be required to publish a copy of that policy in a clearly noticeable location in the work environment where it is most likely to come to the attention of workers.
The requirement to post a policy does not need a company to establish a policy. It uses if a company has a written policy in place or if a company has an established practice of sharing in a tip swimming pool that is regularly used (even if it’s not made a note of). If the company has an unwritten however established, consistently-applied practice in place, the company needs to put the policy in writing and employment post a copy of the policy.
The ESA does not define the details that must appear in the policy, as long as the posted document is a real copy of the policy that remains in location and plainly states that the employer or a director or shareholder of the company shares in the suggestion swimming pool.
Effective, June 21, 2024, employers will also be needed to keep a copy of every suggestions sharing policy that is required to be posted for 3 years after the policy stops being in result.
Job posting requirements
On a date to be set by pronouncement of the Lieutenant Governor, changes will enter into force that develop brand-new requirements for employers connected to openly marketed task postings.
Temporary assistance company and recruiter 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 prohibited from knowingly engaging or utilizing the services of a short-lived assistance company unless the agency holds a licence. (Find out more about the relationship between momentary assistance agencies and clients.).
– Employers, potential employers and other employers are prohibited from knowingly engaging or using 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 use.
On April 29, 2024, O. Reg. 99/23 – Licensing Temporary Help Agencies and Recruiters was modified. The changes consist of:
– Adding a surety bond as a brand-new acceptable kind of security for all applicants,.
– exempting particular recruiters from the security requirement under defined conditions,.
– changing the application charge and security requirements for entities using both for a short-lived help company and a recruiter licence.
The ministry’s licensing webpage has actually been updated to reflect these changes. Please go to that webpage for information.