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Founded Date June 18, 1922
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Under the Employment Standards Act, 2000 (ESA), employment employers can need an employee to supply proof affordable in the scenarios that they are entitled to authorized leave under the ESA.
Effective October 28, 2024, companies can not require staff members to supply a certificate from a competent health specialist (a medical note). A “competent health specialist” is a person who is qualified to practice as a doctor, registered nurse or psychologist under the laws of the jurisdiction in which care or treatment is offered to the staff member.
ESA maximum fines
A prosecution might be commenced under Part III of the Provincial Offences Act where a person is believed to have actually committed an offence under the ESA. If convicted, a person could be based on a fine or a term of imprisonment or both.
As of October 28, 2024, the maximum fine for people convicted of contravening the ESA has increased to $100,000 (up from $50,000).
Definition of worker
The Employment Standards Act (ESA) specifies an employee to consist of a person who:
– performs work for a company for salaries
– supplies services to an employer for wages
– gets training from a company, employment if the ability they’re being trained on is an ability used by the employer’s employees
– is a homeworker
– was an employee
On March 21, 2024, the significance of “training” was broadened to consist of work carried out throughout a trial period. A staff member now includes an individual who carries out work throughout a trial period for a company, if the abilities being evaluated throughout the trial duration are abilities used by the employer’s employees or could be utilized by employees if there are no other workers. This means the hours worked throughout the trial period should be counted as work time. Discover more about what counts as work time.
Deductions from earnings
The ESA forbids companies from making reductions from wages when the employer had a money shortage, lost home or had actually residential or commercial property stolen and a person besides the employee had access to the cash or home.
On March 21, 2024, the ESA was modified to verify that this includes reductions from incomes in “dine and rush”, “gas and dash” and other comparable scenarios.
Payment of wages – 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 must be in the worker’s name and no one other than the staff member can have access to the account, unless the employee has actually authorized it.
Effective June 21, 2024, an extra requirement will be in location if the company wants to pay earnings by direct deposit: the account must be picked by the staff member. This indicates the employee should choose which account to utilize and the employer can not limit an employee’s section by, for instance, needing 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 choose the account where their earnings are to be transferred. If an employer formerly restricted a worker’s account selection – for instance, by requiring them to use an account at a specific banks – it is the company’s obligation to confirm the worker’s choice of their wanted account before they make the next payment after June 20, 2024. A staff member can likewise alert their company that they want their incomes deposited to a different account and, when that occurs, the company must make the change.
Vacation pay agreements
The ESA permits an employer to pay vacation pay to an employee on every pay cheque as it collects or at any agreed-upon time, however only with the agreement of the staff member. Learn more about when to pay vacation pay.
Effective June 21, 2024, employment the ESA is modified to clarify that the worker needs to make an agreement with the employer in order for the company to be able to pay trip pay on every pay cheque or at an agreed-upon time. This confirms that such arrangements can not be spoken and should be made in writing (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:
– cash
– cheque
– direct deposit
If payment is by money or cheque, the worker should be paid the ideas or other gratuities at the office or at some other location accepted digitally or in writing by the employee.
If payment is made by direct deposit, the account needs to be picked by the worker and employment be in the employee’s name. Nobody other than the worker can have access to the account, unless the worker has licensed it.
The requirement that the staff member select the account implies the employee needs to decide which account to utilize, and the employer can not restrict an employee’s choice by, for instance, needing the staff member to utilize an account at a specific banks.
For payments that are to be made after June 20, 2024, employment a worker can select the account where their pointers are to be deposited. If a company formerly restricted an employee’s account choice – for instance, by needing them to utilize an account at a particular banks – it is the employer’s responsibility to confirm the employee’s choice of their preferred account before they make the next payment after June 20, 2024. An employee can also notify their employer that they want their suggestions transferred to a various account and, when that occurs, the company must make the change.
Tips sharing policy
The ESA enables companies, along with directors and investors of an employer, to share in suggestions, if defined requirements are satisfied.
Effective June 21, 2024, where a company has a policy about the employer, director or investor of the employer, sharing in an idea 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 most 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 an employer has a written policy in location or if a company has an established practice of sharing in a pointer swimming pool that is consistently used (even if it’s not made a note of). If the company has an unwritten however established, consistently-applied practice in location, the company must put the policy in composing and publish a copy of the policy.
The ESA does not define the details that must appear in the policy, as long as the published file is a true copy of the policy that is in location and plainly specifies that the employer or a director or investor of the employer shares in the suggestion pool.
Effective, June 21, 2024, employers will likewise be needed to keep a copy of every suggestions sharing policy that is needed to be published for 3 years after the policy stops being in result.
Job posting requirements
On a date to be set by pronouncement of the Governor, changes will enter force that develop brand-new requirements for employers related to openly marketed job posts.
Temporary aid company and recruiter licensing
Beginning on July 1, 2024 under the Employment Standards Act, 2000 (ESA):
– Temporary aid companies are needed to hold a licence to operate.Clients are prohibited from purposefully engaging or utilizing the services of a short-term assistance company unless the agency holds a licence. (Find out more about the relationship between momentary help companies and employment clients.).
– Employers, prospective companies and other employers are forbidden 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 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 new acceptable form of security for all applicants,.
– excusing certain employers from the security requirement under specified conditions,.
– altering the application fee and security requirements for entities using both for a momentary help company and an employer licence.
The ministry’s licensing webpage has been updated to reflect these changes. Please check out that webpage for information.