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Under the Employment Standards Act, 2000 (ESA), companies can require an employee to supply proof sensible in the scenarios 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 certified health professional (a medical note). A “competent health practitioner” is a person 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 offered to the employee.
ESA maximum fines
A prosecution might be commenced under Part III of the Provincial Offences Act where an individual is believed to have devoted an offence under the ESA. If founded guilty, an individual might be based on a fine or a term of jail time or both.
As of October 28, 2024, the maximum fine for individuals convicted of contravening the ESA has increased to $100,000 (up from $50,000).
Definition of worker
The Employment Standards Act (ESA) specifies an employee to consist of an individual who:
– carries out work for an employer for employment wages
– materials services to an employer for earnings
– receives training from an employer, if the ability they’re being trained on is a skill used by the company’s staff members
– is a homeworker
– was an employee
On March 21, 2024, the significance of “training” was expanded to include work carried out during a trial duration. A worker now consists of an individual who performs work during a trial duration for a company, if the abilities being assessed throughout the trial duration are skills utilized by the employer’s workers or could be utilized by staff members if there are no other workers. This suggests the hours worked throughout the trial duration should be counted as work time. Learn more about what counts as work time.
Deductions from incomes
The ESA forbids companies from making deductions from earnings when the employer had a cash shortage, lost property or had actually property stolen and a person other than the staff member had access to the cash or home.
On March 21, 2024, the ESA was changed to confirm that this consists of deductions from wages in “dine and rush”, “gas and dash” and other similar scenarios.
Payment of incomes – direct deposit
The ESA needs employers to pay salaries by cash, cheque or direct deposit. If the incomes are paid by direct deposit, the account must remain in the employee’s name and no one other than the employee can have access to the account, unless the staff member has licensed it.
Effective June 21, 2024, an extra requirement will be in place if the employer wants to pay earnings by direct deposit: the account needs to be chosen by the employee. This implies the employee needs to choose which account to utilize and the company can not limit a worker’s area by, for instance, requiring the employee to use an account at a specific monetary organization.
For payments that are to be made after June 20, 2024, an employee can choose the account where their incomes are to be transferred. If a company formerly limited a worker’s account choice – for example, by needing them to utilize an account at a specific banks – it is the company’s obligation to confirm the worker’s selection of their preferred account before they make the next payment after June 20, employment 2024. A worker can also alert their company that they desire their earnings transferred to a different account and, when that happens, the employer should make the change.
Vacation pay agreements
The ESA permits a company to pay trip pay to a staff member on every pay cheque as it accumulates or at any agreed-upon time, employment but just with the agreement of the worker. Find out more about when to pay getaway pay.
Effective June 21, 2024, the ESA is changed to clarify that the worker should make an arrangement with the company in order for the employer 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 verbal and must be made in writing (including electronically), constant with how the ministry enforces the ESA.
Tips or other gratuities – techniques of payment
Beginning June 21, 2024, companies 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 needs to be paid the pointers or other gratuities at the office or at some other place accepted digitally or in composing by the staff member.
If payment is made by direct deposit, the account needs to be picked by the worker and be in the staff member’s name. Nobody besides the worker can have access to the account, unless the worker has authorized it.
The requirement that the staff member select the account indicates the staff member needs to decide which account to use, and the employer can not limit an employee’s selection by, for example, needing the worker to utilize an at a particular financial organization.
For payments that are to be made after June 20, 2024, an employee can choose the account where their ideas are to be deposited. If a company previously limited a staff member’s account choice – for instance, by requiring them to utilize an account at a specific monetary organization – it is the company’s responsibility to confirm the staff member’s choice of their desired account before they make the next payment after June 20, 2024. An employee can also notify their company that they want their tips deposited to a various account and, when that happens, the company needs to make the change.
Tips sharing policy
The ESA allows employers, in addition to directors and investors of a company, to share in tips, if defined criteria are satisfied.
Effective June 21, 2024, where a company has a policy about the company, director or investor of the company, sharing in a pointer swimming pool, the employer will be needed to publish a copy of that policy in a clearly visible location in the workplace where it is likely to come to the attention of employees.
The requirement to publish a policy does not require a company to establish 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 tip swimming pool that is regularly used (even if it’s not made a note of). If the company has an unwritten but recognized, consistently-applied practice in location, the company should put the policy in composing and publish a copy of the policy.
The ESA does not define the details that should appear in the policy, as long as the posted file is a real copy of the policy that is in place and clearly specifies that the company 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 suggestions sharing policy that is required to be published for three years after the policy stops being in effect.
Job publishing requirements
On a date to be set by pronouncement of the Lieutenant Governor, changes will enter into force that develop new requirements for employers associated with publicly marketed job postings.
Temporary assistance firm and recruiter licensing
Beginning on July 1, 2024 under the Employment Standards Act, 2000 (ESA):
– Temporary help firms are needed to hold a licence to operate.Clients are prohibited from intentionally engaging or utilizing the services of a momentary help firm unless the company holds a licence. (Learn more about the relationship in between short-term assistance agencies and employment clients.).
– Employers, prospective employers and other recruiters are prohibited from purposefully engaging or using the services of any employer 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, employment O. Reg. 99/23 – Licensing Temporary Help Agencies and Recruiters was modified. The changes consist of:
– Adding a surety bond as a new appropriate kind of security for all candidates,.
– excusing specific employers from the security requirement under defined conditions,.
– altering the application fee and security requirements for entities applying both for a temporary help firm and a recruiter licence.
The ministry’s licensing website has actually been updated to reflect these modifications. Please go to that website for details.