Under the Employment Standards Act, 2000 (ESA), companies can require a worker to provide evidence sensible in the situations that they are entitled to sick leave under the ESA.

Effective October 28, 2024, companies can not require workers to offer a certificate from a competent health specialist (a medical note). A "competent health practitioner" is a person who is qualified to practise as a physician, registered nurse or psychologist under the laws of the jurisdiction in which care or treatment is provided to the worker.

ESA maximum fines

A prosecution may be begun under Part III of the Provincial Offences Act where a person is thought to have committed an offence under the ESA. If convicted, a person might be subject to a fine or a term of imprisonment 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 employee

The Employment Standards Act (ESA) defines an employee to include an individual who:

- performs work for an employer for earnings
- materials services to an employer for earnings
- receives training from a company, if the skill they're being trained on is an ability used by the company's workers
- is a homeworker
- was a staff member
On March 21, 2024, the significance of "training" was expanded to include work performed throughout a trial duration. A worker now includes a person who carries out work during a trial duration for a company, if the abilities being assessed throughout the trial period are abilities used by the employer's staff members or could be utilized by staff members if there are no other staff members. This indicates the hours worked during the trial period need to be counted as work time. Find out more about what counts as work time.

Deductions from earnings

The ESA forbids companies from making reductions from salaries when the employer had a cash shortage, lost residential or commercial property or had residential or employment commercial property taken and employment an individual other than the worker had access to the money or home.

On March 21, 2024, the ESA was modified to validate that this includes deductions from wages in "dine and rush", "gas and dash" and other comparable circumstances.

Payment of wages - direct deposit

The ESA requires employers to pay earnings by cash, cheque or direct deposit. If the salaries are paid by direct deposit, the account needs to be in the worker's name and nobody aside from the employee can have access to the account, unless the worker has authorized it.

Effective June 21, 2024, an extra requirement will be in location if the employer wishes to pay earnings by direct deposit: the account must be picked by the staff member. This indicates the staff member should choose which account to use and the company can not restrict a staff member's area by, for example, needing the staff member to utilize an account at a particular banks.

For payments that are to be made after June 20, 2024, an employee has the right to choose the account where their earnings are to be transferred. If a company previously restricted a worker's account selection - for instance, by requiring them to use an account at a particular banks - 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 likewise inform their employer that they desire their salaries transferred to a different account and, when that occurs, the employer must make the modification.

Vacation pay contracts

The ESA permits an employer to pay trip pay to a worker on every pay cheque as it accumulates or at any agreed-upon time, however just with the contract of the employee. Learn more about when to pay vacation pay.

Effective June 21, 2024, the ESA is changed to clarify that the staff member needs to make an agreement with the company in order for the company to be able to pay holiday pay on every pay cheque or at an agreed-upon time. This verifies that such contracts can not be spoken and need to be made in writing (consisting of digitally), consistent with how the ministry enforces the ESA.

Tips or other gratuities - methods of payment

Beginning June 21, 2024, employers will be required to pay pointers or other gratuities by either:

- money
- cheque
- direct deposit
If payment is by cash or cheque, the worker should be paid the suggestions or other gratuities at the office or employment at some other place consented to digitally or in writing by the staff member.

If payment is made by direct deposit, the account must be picked by the employee and be in the worker's name. Nobody aside from the employee can have access to the account, unless the employee has licensed it.

The requirement that the worker pick the account implies the worker must choose which account to use, and the company can not limit a staff member's choice by, for example, needing the staff member to use an account at a particular banks.

For payments that are to be made after June 20, 2024, a staff member can choose the account where their pointers are to be transferred. If a company previously restricted a staff member's account selection - for example, by requiring them to use an account at a specific financial organization - it is the company's responsibility 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 likewise alert their employer that they want their tips transferred to a different account and, when that occurs, the company must make the modification.

Tips sharing policy

The ESA allows companies, along with directors and shareholders of a company, to share in suggestions, if defined 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 tip pool, the employer will be required to post a copy of that policy in a clearly noticeable place in the office where it is most likely to come to the attention of staff members.

The requirement to post a policy does not need an employer to establish a policy. It applies if a company has a written policy in location or if a company has a recognized practice of sharing in a tip pool that is consistently applied (even if it's not jotted down). If the company has an unwritten but established, consistently-applied practice in location, the employer needs to put the policy in writing and post a copy of the policy.

The ESA does not define the info that should appear in the policy, as long as the published file is a true copy of the policy that is in location and plainly states that the employer or a director or investor of the company shares in the idea pool.

Effective, June 21, 2024, employers will likewise be required to keep a copy of every suggestions sharing policy that is to be posted 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, amendments will enter into force that develop new requirements for employers related to publicly marketed task postings.

Temporary aid firm and employer licensing

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

- Temporary help agencies are needed to hold a licence to operate.Clients are prohibited from knowingly engaging or utilizing the services of a short-lived assistance firm unless the firm holds a licence. (Discover more about the relationship between momentary aid firms and clients.).

• Employers, potential companies and other employers are restricted 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 choice is pending, there is a transitional guideline that will apply.
  
  On April 29, 2024, O. Reg. 99/23 - Licensing Temporary Help Agencies and Recruiters was modified. The changes consist of:
  
  - Adding a surety bond as a brand-new acceptable kind of security for all candidates,.
  - excusing certain employers from the security requirement under defined conditions,.
  - changing the application charge and security requirements for entities using both for a short-term assistance firm and a recruiter licence.
  The ministry's licensing webpage has actually been updated to reflect these changes. Please check out that webpage for information.