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Under the Employment Standards Act, 2000 (ESA), employers can need an employee to offer proof reasonable in the situations that they are entitled to sick leave under the ESA.

Effective October 28, 2024, employers can not need staff members to provide a certificate from a qualified health professional (a medical note). A “certified health professional” is an individual 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 provided to the employee.

ESA optimum fines

A prosecution may be commenced under Part III of the Provincial Offences Act where a person is believed to have dedicated an offence under the ESA. If founded guilty, an individual could be subject to a fine or a term of imprisonment or both.

As of October 28, 2024, the maximum fine for individuals convicted of contravening the ESA has 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:

– carries out work for an employer for earnings

– products services to a company for salaries

– receives training from an employer, if the ability they’re being trained on is a skill utilized by the company’s staff members

– is a homeworker

– was a worker

On March 21, 2024, the meaning of “training” was expanded to consist of work performed throughout a trial duration. A staff member now consists of an individual who performs work throughout a trial duration for a company, if the skills being evaluated throughout the trial period are abilities utilized by the employer’s staff members or could be used by employees if there are no other staff members. This implies the hours worked during the trial period need to be counted as work time. Learn more about what counts as work time.

Deductions from earnings

The ESA forbids employers from making deductions from incomes when the employer had a money lack, lost property or had property stolen and an individual aside from the staff member had access to the cash or home.

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

Payment of earnings – direct deposit

The ESA needs companies to pay wages by money, cheque or direct deposit. If the earnings are paid by direct deposit, the account should remain in the staff member’s name and no one other than the employee can have access to the account, unless the staff member has actually authorized it.

Effective June 21, 2024, an additional requirement will remain in location if the company wishes to pay earnings by direct deposit: the account should be chosen by the employee. This means the worker should decide which account to use and the employer can not limit a worker’s section by, for example, needing the employee to utilize an account at a particular banks.

For payments that are to be made after June 20, 2024, a worker deserves to select the account where their incomes are to be deposited. If a company formerly limited a worker’s account choice – for instance, by needing them to utilize an account at a particular banks – it is the employer’s duty to verify the employee’s choice of their desired account before they make the next payment after June 20, 2024. An employee can likewise alert their company that they want their salaries transferred to a different account and, when that happens, the employer should make the modification.

Vacation pay arrangements

The ESA permits a company to pay trip pay to a staff member on every pay cheque as it accumulates or at any agreed-upon time, but only with the arrangement of the employee. Find out more about when to pay getaway pay.

Effective June 21, 2024, the ESA is modified to clarify that the employee must 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 confirms that such contracts can not be spoken and need to be made in composing (consisting of electronically), constant with how the ministry imposes the ESA.

Tips or other gratuities – approaches of payment

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

– cash

– cheque

– direct deposit

If payment is by money or cheque, the employee must be paid the ideas or other gratuities at the work environment or at some other location consented to electronically or in writing by the staff member.

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

The requirement that the employee select the account implies the staff member needs to choose which account to use, and the company can not limit an employee’s choice by, for instance, needing the employee to use an account at a specific banks.

For payments that are to be made after June 20, 2024, a staff member has the right to select the account where their suggestions are to be transferred. If a company previously restricted a worker’s account selection – for example, by needing them to use an account at a particular monetary institution – it is the company’s responsibility to confirm the employee’s choice of their desired account before they make the next payment after June 20, 2024. An employee can also alert their company that they desire their tips transferred to a different account and, when that happens, the company needs to make the modification.

Tips sharing policy

The ESA permits companies, along with directors and shareholders of an employer, 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 pointer pool, the employer will be required to publish a copy of that policy in a plainly noticeable place in the workplace where it is likely to come to the attention of employees.

The requirement to post a policy does not require an employer to develop a policy. It uses if a company has a written policy in location or employment if a company has a recognized practice of sharing in a suggestion pool that is consistently applied (even if it’s not documented). If the company has an unwritten however recognized, consistently-applied practice in place, the employer must put the policy in composing and publish a copy of the policy.

The ESA does not define the information that needs to appear in the policy, as long as the published file is a true copy of the policy that remains in place and plainly specifies that the company or a director or shareholder of the employer shares in the tip pool.

Effective, June 21, 2024, companies will likewise be required to keep a copy of every tips sharing policy that is needed to be posted for 3 years after the policy stops being in result.

Job publishing requirements

On a date to be set by pronouncement of the Lieutenant Governor, changes will enter into force that develop brand-new requirements for employers related to publicly marketed task posts.

Temporary help agency and recruiter licensing

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

– Temporary assistance agencies are needed to hold a licence to operate.Clients are restricted from purposefully engaging or employment utilizing the services of a short-lived assistance agency unless the agency holds a licence. (Learn more about the relationship in between momentary aid firms and clients.).

– Employers, potential employers and other recruiters are forbidden from 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 guideline that will apply.

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 appropriate type of security for all applicants,.

– excusing 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 firm and a recruiter licence.

The ministry’s licensing website has been updated to show these changes. Please check out that web page for details.

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