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Under the Employment Standards Act, 2000 (ESA), companies can need a worker to provide evidence reasonable in the situations that they are entitled to ill leave under the ESA.
Effective October 28, job 2024, companies can not need workers to provide a certificate from a qualified health specialist (a medical note). A “certified health specialist” is an individual who is certified to practice as a doctor, registered nurse or psychologist under the laws of the jurisdiction in which care or treatment is offered to the worker.
ESA optimum fines
A prosecution may be begun under Part III of the Provincial Offences Act where a person is thought to have dedicated an offense 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 optimum fine for people convicted of contravening the ESA has actually increased to $100,000 (up from $50,000).
Definition of employee
The Employment Standards Act (ESA) defines a staff member to consist of an individual who:
– carries out work for a company for incomes
– products services to a company for earnings
– gets training from an employer, if the skill they’re being trained on is a skill used by the
– is a homeworker
– was a worker
On March 21, 2024, the meaning of “training” was expanded to consist of work carried out throughout a trial duration. A worker now includes an individual who performs work during a trial duration for an employer, if the abilities being evaluated throughout the trial duration are abilities used by the employer’s employees or might be used by staff members if there are no other staff members. 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 earnings
The ESA restricts companies from making reductions from incomes when the employer had a cash scarcity, lost property or had actually property taken and job a person other than the worker had access to the cash or property.
On March 21, 2024, the ESA was amended to validate that this consists of deductions from incomes in “dine and rush”, “gas and dash” and other comparable scenarios.
Payment of incomes – direct deposit
The ESA requires employers to pay earnings by money, cheque or direct deposit. If the wages are paid by direct deposit, the account should remain in the staff member’s name and nobody other than the employee 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 desires to pay wages by direct deposit: the account should be chosen by the staff member. This implies the staff member must choose which account to use and the company can not limit a worker’s section by, for instance, requiring the employee to utilize an account at a particular banks.
For payments that are to be made after June 20, 2024, a worker has the right to select the account where their earnings are to be transferred. If a company formerly limited a staff member’s account selection – for instance, job by requiring them to utilize an account at a particular financial organization – it is the company’s obligation to validate the staff member’s choice of their preferred account before they make the next payment after June 20, 2024. An employee can likewise inform their company that they want their earnings transferred to a different account and, when that takes place, the employer must make the change.
Vacation pay agreements
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, however only with the contract of the employee. Learn more about when to pay vacation pay.
Effective June 21, 2024, the ESA is amended to clarify that the staff member should make a contract with the company 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 contracts can not be verbal and need to be made in composing (including electronically), constant with how the ministry imposes the ESA.
Tips or other gratuities – techniques of payment
Beginning June 21, 2024, companies will be needed to pay pointers or other gratuities by either:
– money
– cheque
– direct deposit
If payment is by money or cheque, the worker needs to be paid the ideas or other gratuities at the workplace or at some other place concurred to digitally 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 employee’s name. Nobody aside from the worker can have access to the account, unless the staff member has licensed it.
The requirement that the worker select the account means the staff member should decide which account to utilize, and the company can not restrict an employee’s choice by, for instance, needing the employee to use an account at a specific financial institution.
For payments that are to be made after June 20, 2024, a staff member deserves to select the account where their tips are to be transferred. If a company previously restricted a worker’s account choice – for example, job by needing them to utilize an account at a particular monetary organization – it is the employer’s obligation to confirm the worker’s selection of their desired account before they make the next payment after June 20, 2024. A worker can also alert their company that they want their pointers transferred to a various account and, when that occurs, the company must make the change.
Tips sharing policy
The ESA allows companies, as well as directors and shareholders of an employer, to share in tips, if specified criteria are fulfilled.
Effective June 21, 2024, where a company has a policy about the employer, director or investor of the company, sharing in a tip swimming pool, the company will be needed to publish a copy of that policy in a clearly visible place in the office where it is likely to come to the attention of workers.
The requirement to publish a policy does not require a company to establish a policy. It uses if a company has a written policy in location or if a company has an established practice of sharing in a suggestion pool that is regularly applied (even if it’s not jotted down). If the company has an unwritten but recognized, consistently-applied practice in location, the employer must put the policy in composing and publish a copy of the policy.
The ESA does not specify the info that must appear in the policy, as long as the posted document is a true copy of the policy that remains in place and plainly specifies that the employer or a director or investor of the employer 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 needed to be posted for three years after the policy stops being in effect.
Job posting requirements
On a date to be set by pronouncement of the Lieutenant Governor, modifications will come into force that develop new requirements for employers related to publicly marketed job postings.
Temporary assistance firm and employer licensing
Beginning on July 1, 2024 under the Employment Standards Act, 2000 (ESA):
– Temporary aid firms are needed to hold a licence to operate.Clients are prohibited from purposefully engaging or utilizing the services of a temporary assistance agency unless the agency holds a licence. (Discover more about the relationship in between temporary aid companies and clients.).
– Employers, potential employers and other employers are restricted from intentionally engaging or using the services of any recruiter 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 amended. The changes consist of:
– Adding a surety bond as a new acceptable form of security for all applicants,.
– excusing certain recruiters from the security requirement under defined conditions,.
– altering the application charge and security requirements for entities using both for a short-lived aid firm and a recruiter licence.
The ministry’s licensing website has been upgraded to reflect these modifications. Please visit that website for details.