Under the Employment Standards Act, 2000 (ESA), companies can need an employee to offer evidence reasonable in the scenarios that they are entitled to authorized leave under the ESA.

Effective October 28, 2024, employers can not need workers to supply a certificate from a competent health practitioner (a medical note). A “qualified health specialist” 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 employee.

ESA optimum fines

A prosecution might be begun under Part III of the Provincial Offences Act where an individual is thought to have dedicated an offense under the ESA. If convicted, an individual might be subject to a fine or a term of jail time or both.

As of October 28, 2024, the maximum fine for individuals founded guilty of contravening the ESA has actually increased to $100,000 (up from $50,000).

Definition of staff member

The Employment Standards Act (ESA) defines a staff member to consist of an individual who:

- performs work for an employer for incomes
- products services to a company for salaries
- gets training from a company, if the skill 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 throughout a trial period. An employee now includes a person who performs work during a trial duration for a company, if the abilities being examined during the trial duration are abilities utilized by the employer’s employees or could be used by workers if there are no other workers. This suggests 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 prohibits employers from making reductions from incomes when the employer had a money lack, lost residential or commercial property or had residential or commercial property stolen and a person other than the staff member had access to the money or property.

On March 21, 2024, employment the ESA was modified to verify that this consists of deductions from salaries in “dine and rush”, “gas and dash” and other comparable situations.

Payment of earnings - direct deposit

The ESA requires companies to pay salaries by money, cheque or direct deposit. If the salaries are paid by direct deposit, the account should be in the employee’s name and no one besides the employee can have access to the account, unless the worker has actually 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 selected by the employee. This means the worker must choose which to utilize and the company can not restrict an employee’s section by, for instance, requiring the employee to utilize an account at a specific banks.

For payments that are to be made after June 20, 2024, a worker can choose the account where their salaries are to be transferred. If a company previously limited an employee’s account choice - for example, by requiring them to use an account at a particular banks - it is the employer’s duty to validate the staff member’s selection of their desired account before they make the next payment after June 20, 2024. A staff member can also inform their company that they want their earnings transferred to a different account and, when that takes place, the company must make the modification.

Vacation pay arrangements

The ESA enables an employer to pay holiday pay to a staff member on every pay cheque as it collects or at any agreed-upon time, but just with the agreement of the staff member. Learn more about when to pay holiday pay.

Effective June 21, 2024, the ESA is changed to clarify that the employee must make a contract with the employer in order for the employer to be able to pay trip pay on every pay cheque or at an agreed-upon time. This confirms that such agreements can not be verbal 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 suggestions or other gratuities by either:

- cash
- cheque
- direct deposit
If payment is by money or cheque, employment the worker must be paid the pointers or other gratuities at the work environment or at some other location agreed to electronically or in composing by the employee.

If payment is made by direct deposit, the account must be selected by the worker and remain in the staff member’s name. Nobody other than the employee can have access to the account, unless the worker has authorized it.

The requirement that the staff member select the account means the staff member must decide which account to utilize, and the employer can not limit a staff member’s selection by, for example, requiring the employee to use an account at a particular banks.

For payments that are to be made after June 20, 2024, a staff member can select the account where their pointers are to be deposited. If an employer previously limited a staff member’s account choice - for instance, by requiring them to use an account at a particular banks - it is the company’s responsibility to verify the employee’s choice of their desired account before they make the next payment after June 20, employment 2024. A worker can also notify their employer that they desire their ideas transferred to a various account and, when that happens, the employer needs to make the change.

Tips sharing policy

The ESA permits employers, along with directors and shareholders of a company, to share in ideas, if defined criteria are satisfied.

Effective June 21, 2024, where a company has a policy about the employer, director or investor of the employer, sharing in a suggestion swimming pool, the company will be required to post a copy of that policy in a clearly noticeable place in the work environment where it is most likely to come to the attention of staff members.

The requirement to post a policy does not require an employer to develop a policy. It uses if an employer has a written policy in location or if a company has an established practice of sharing in an idea swimming pool that is consistently used (even if it’s not written down). If the company has an unwritten but recognized, consistently-applied practice in location, the company should put the policy in composing and employment post a copy of the policy.

The ESA does not specify the information that needs to appear in the policy, as long as the posted document is a true copy of the policy that remains in location and clearly mentions that the employer or a director or shareholder of the employer shares in the pointer swimming pool.

Effective, June 21, 2024, employers will likewise be needed to keep a copy of every tips 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 proclamation of the Lieutenant Governor, changes will enter force that develop new requirements for employers related to publicly advertised task postings.

Temporary assistance company and recruiter licensing

Beginning on July 1, 2024 under the Employment Standards Act, 2000 (ESA):

- Temporary assistance agencies are required to hold a licence to operate.Clients are restricted from purposefully engaging or utilizing the services of a short-term help firm unless the company holds a licence. (Find out more about the relationship between short-term assistance firms and customers.).

• 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 decision is pending, there is a transitional rule that will apply.
  
  On April 29, 2024, O. Reg. 99/23 - Licensing Temporary Help Agencies and Recruiters was amended. The changes include:
  
  - Adding a surety bond as a brand-new appropriate form of security for all applicants,.
  - exempting certain recruiters from the security requirement under specified conditions,.
  - altering the application charge and security requirements for entities using both for a short-lived assistance agency and an employer licence.
  The ministry’s licensing website has been upgraded to show these changes. Please check out that website for details.