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Under the Employment Standards Act, 2000 (ESA), employers can need a worker to supply evidence sensible in the scenarios that they are entitled to authorized leave under the ESA.
Effective October 28, 2024, companies can not require workers to supply a certificate from a qualified health practitioner (a medical note). A “competent health specialist” is a person who is qualified to practise as a doctor, registered nurse or psychologist under the laws of the jurisdiction in which care or treatment is supplied to the staff member.
ESA maximum fines
A prosecution might be started under Part III of the Provincial Offences Act where an individual is believed to have actually committed an offense under the ESA. If convicted, a person might be subject to a fine or a regard to jail time or employment both.
As of October 28, employment 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) specifies a worker to consist of a person who:
– carries out work for an employer for earnings
– products services to a company for wages
– gets training from a company, if the skill they’re being trained on is a skill used 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 period. A worker now includes an individual who performs work throughout a trial duration for a company, if the abilities being evaluated throughout the trial duration are skills utilized by the or employment could be utilized by workers if there are no other workers. This implies the hours worked throughout the trial duration need to be counted as work time. Learn more about what counts as work time.
Deductions from salaries
The ESA forbids employers from making reductions from salaries when the company had a cash lack, lost home or had residential or commercial property stolen and a person other than the employee had access to the money or property.
On March 21, 2024, the ESA was changed to confirm that this includes deductions from earnings in “dine and rush”, “gas and dash” and other comparable scenarios.
Payment of incomes – 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 remain in the staff member’s name and nobody besides the staff member can have access to the account, unless the staff member has actually authorized it.
Effective June 21, 2024, employment an additional requirement will remain in location if the company desires to pay salaries by direct deposit: the account should be selected by the employee. This means the staff member needs to choose which account to use and the employer can not limit a worker’s area by, for example, needing the staff member to use an account at a specific financial institution.
For payments that are to be made after June 20, 2024, an employee can select the account where their salaries are to be deposited. If an employer previously limited a staff member’s account selection – for instance, by requiring them to use an account at a particular financial institution – it is the company’s obligation to validate the worker’s selection of their desired account before they make the next payment after June 20, 2024. An employee can likewise inform their employer that they desire their salaries transferred to a different account and, when that occurs, the company must make the modification.
Vacation pay contracts
The ESA allows an employer to pay vacation pay to a worker on every pay cheque as it collects or at any agreed-upon time, however just with the agreement of the employee. Find out more about when to pay vacation pay.
Effective June 21, 2024, the ESA is changed to clarify that the worker must make a contract with the company in order for the company to be able to pay trip pay on every pay cheque or at an agreed-upon time. This validates that such agreements can not be spoken and should be made in writing (including digitally), employment consistent with how the ministry imposes the ESA.
Tips or other gratuities – approaches 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 money or cheque, the staff member should be paid the tips or other gratuities at the work environment or at some other location accepted electronically or in writing by the employee.
If payment is made by direct deposit, the account should be chosen by the staff member and be in the staff member’s name. Nobody aside from the worker can have access to the account, unless the employee has authorized it.
The requirement that the staff member pick the account means the staff member must decide which account to utilize, and the company can not limit a worker’s choice by, for instance, needing the worker to utilize an account at a particular monetary organization.
For payments that are to be made after June 20, 2024, a staff member has the right to select the account where their pointers are to be deposited. If an employer previously restricted a staff member’s account choice – for example, by needing them to utilize an account at a particular banks – it is the employer’s obligation to confirm the employee’s selection of their desired account before they make the next payment after June 20, 2024. A worker can also alert their employer that they desire their ideas transferred to a different account and, when that happens, the company should make the modification.
Tips sharing policy
The ESA enables companies, as well as directors and shareholders of an employer, to share in suggestions, if specified requirements are fulfilled.
Effective June 21, 2024, where an employer has a policy about the employer, director or shareholder of the company, sharing in a suggestion swimming pool, the employer will be required to post a copy of that policy in a clearly noticeable location in the workplace where it is likely to come to the attention of employees.
The requirement to publish a policy does not need a company to establish a policy. It applies if an employer has a written policy in location or if a company has an established practice of sharing in a tip pool that is consistently applied (even if it’s not written down). If the employer has an unwritten however established, consistently-applied practice in place, the employer should put the policy in composing and post a copy of the policy.
The ESA does not define the details that must appear in the policy, as long as the posted file is a true copy of the policy that is in location and plainly states that the employer or a director or shareholder of the company shares in the tip pool.
Effective, June 21, 2024, employers will also be needed to keep a copy of every suggestions sharing policy that is needed to be published for three years after the policy stops being in result.
Job posting requirements
On a date to be set by pronouncement of the Lieutenant Governor, modifications will enter force that develop new requirements for companies related to openly marketed task postings.
Temporary help firm and employer licensing
Beginning on July 1, 2024 under the Employment Standards Act, 2000 (ESA):
– Temporary aid companies are required to hold a licence to operate.Clients are forbidden from intentionally engaging or utilizing the services of a momentary aid firm unless the agency holds a licence. (Find out more about the relationship between momentary aid agencies and clients.).
– Employers, prospective companies and other employers are prohibited from intentionally engaging or employment 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 modifications include:
– Adding a surety bond as a new acceptable form of security for all applicants,.
– excusing particular employers from the security requirement under specified conditions,.
– altering the application charge and security requirements for entities using both for a momentary assistance company and a recruiter licence.
The ministry’s licensing web page has actually been upgraded to reflect these modifications. Please check out that web page for information.