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Under the Employment Standards Act, 2000 (ESA), employers can require an employee to provide proof affordable in the situations that they are entitled to ill leave under the ESA.
Effective October 28, 2024, employers can not need staff members to offer a certificate from a qualified health specialist (a medical note). A “certified health professional” is a person who is certified to practise as a physician, signed up nurse or psychologist under the laws of the jurisdiction in which care or treatment is offered to the worker.
ESA maximum fines
A prosecution may be commenced under Part III of the Provincial Offences Act where a person is believed to have devoted an offence under the ESA. If convicted, an individual could be subject to a fine or a regard to jail time or both.
As of October 28, 2024, the optimum fine for people convicted of contravening the ESA has increased to $100,000 (up from $50,000).
Definition of staff member
The Employment Standards Act (ESA) defines an employee to consist of an individual who:
– carries out work for a company for earnings
– products services to an employer for salaries
– receives training from an employer, if the skill they’re being trained on is a skill utilized by the employer’s staff members
– is a homeworker
– was a staff member
On March 21, 2024, the meaning of “training” was expanded to consist of work carried out throughout a trial period. A staff member now consists of an individual who carries out work throughout a trial period for an employer, if the skills being assessed throughout the trial duration are skills utilized by the employer’s workers or could be used by staff members if there are no other staff members. This means the hours worked during the trial period should be counted as work time. Discover more about what counts as work time.
Deductions from wages
The ESA restricts companies from making deductions from earnings when the employer had a money scarcity, lost home or had actually property taken and an individual aside from the employee had access to the cash or home.
On March 21, job 2024, the ESA was changed to verify that this consists of reductions from incomes in “dine and dash”, “gas and dash” and other comparable scenarios.
Payment of wages – direct deposit
The ESA requires employers to pay wages by cash, cheque or direct deposit. If the wages are paid by direct deposit, the account needs to be in the staff member’s name and no one besides the staff member can have access to the account, unless the employee has licensed it.
Effective June 21, 2024, an extra requirement will be in location if the company wants to pay wages by direct deposit: the account should be chosen by the staff member. This indicates the staff member needs to choose which account to utilize and the employer can not limit a worker’s area by, for instance, requiring the employee to use an account at a particular financial organization.
For payments that are to be made after June 20, 2024, a worker deserves to choose the account where their wages are to be transferred. If an employer previously restricted an employee’s account selection – for instance, by needing them to utilize an account at a specific banks – it is the company’s responsibility to validate the worker’s selection of their wanted account before they make the next payment after June 20, 2024. A staff member can likewise inform their company that they want their earnings deposited to a different account and, when that occurs, the company should make the modification.
Vacation pay arrangements
The ESA permits a company to pay trip pay to a worker on every pay cheque as it collects or at any agreed-upon time, but only with the arrangement of the staff member. 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 employer in order for the company to be able to pay holiday pay on every pay cheque or at an agreed-upon time. This validates that such contracts can not be verbal and need to be made in writing (including electronically), consistent with how the ministry implements the ESA.
Tips or other gratuities – methods of payment
Beginning June 21, 2024, employers will be needed to pay suggestions or other gratuities by either:
– money
– cheque
– direct deposit
If payment is by cash or cheque, the staff member needs to be paid the ideas or other gratuities at the office or at some other location agreed to electronically or in writing by the worker.
If payment is made by direct deposit, the account needs to be chosen by the employee and be in the staff member’s name. Nobody aside from the employee can have access to the account, unless the staff member has actually authorized it.
The requirement that the employee pick the account indicates the staff member needs to choose which account to utilize, and the company can not restrict an employee’s selection by, for instance, requiring the employee to utilize an account at a specific banks.
For that are to be made after June 20, 2024, a staff member can pick the account where their tips are to be deposited. If a company previously restricted an employee’s account choice – for example, by needing them to use an account at a specific banks – it is the company’s obligation to validate the employee’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 desire their ideas deposited to a various account and, when that takes place, the company must make the change.
Tips sharing policy
The ESA permits companies, along with directors and shareholders of a company, to share in pointers, if defined criteria are fulfilled.
Effective June 21, 2024, where an employer has a policy about the employer, director or investor of the company, sharing in a pointer swimming pool, the employer will be required to publish a copy of that policy in a plainly visible place in the work environment where it is most likely to come to the attention of employees.
The requirement to post a policy does not need an employer to establish a policy. It applies if an employer has a written policy in location or if an employer has an established practice of sharing in a pointer pool that is consistently applied (even if it’s not made a note of). If the employer has an unwritten but recognized, consistently-applied practice in location, the company should put the policy in writing and post a copy of the policy.
The ESA does not specify the details that must appear in the policy, as long as the published document is a true copy of the policy that is in location and job clearly states that the employer or a director or shareholder of the company shares in the suggestion pool.
Effective, June 21, 2024, companies will likewise be required to keep a copy of every pointers sharing policy that is needed to be posted for three years after the policy stops being in impact.
Job posting requirements
On a date to be set by proclamation of the Lieutenant Governor, modifications will enter force that develop new requirements for employers connected to openly advertised job posts.
Temporary help agency and recruiter licensing
Beginning on July 1, 2024 under the Employment Standards Act, 2000 (ESA):
– Temporary aid agencies are required to hold a licence to operate.Clients are restricted from purposefully engaging or job using the services of a short-term assistance firm unless the firm holds a licence. (Learn more about the relationship between short-term aid companies and clients.).
– Employers, potential employers and other recruiters are forbidden from purposefully engaging or utilizing 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 guideline 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 brand-new acceptable type of security for all candidates,.
– exempting particular recruiters from the security requirement under defined conditions,.
– altering the application fee and security requirements for entities using both for a momentary assistance company and a recruiter licence.
The ministry’s licensing website has been updated to show these modifications. Please go to that website for details.