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Under the Employment Standards Act, 2000 (ESA), employers can need an employee to provide evidence reasonable in the situations that they are entitled to ill leave under the ESA.
Effective October 28, 2024, companies can not need workers to offer a certificate from a qualified health practitioner (a medical note). A « qualified health practitioner » 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 offered to the employee.
ESA maximum fines
A prosecution might be begun under Part III of the Provincial Offences Act where an individual is believed to have actually dedicated an offense under the ESA. If founded guilty, a person might be based on a fine or a regard to jail time or both.
Since 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 worker
The Employment Standards Act (ESA) defines an employee to consist of a person who:
– carries out work for an employer for wages
– supplies services to a company for salaries
– gets training from a company, if the ability they’re being trained on is a skill utilized by the company’s staff members
– is a homeworker
– was a staff member
On March 21, 2024, the significance of « training » was expanded to include work performed throughout a trial period. An employee now consists of an individual who performs work during a trial period for a company, if the abilities being examined throughout the trial duration are abilities utilized by the employer’s workers or could be utilized by employees if there are no other workers. This indicates the hours worked throughout the trial duration must be counted as work time. Discover more about what counts as work time.
Deductions from incomes
The ESA forbids companies from making deductions from salaries when the company had a cash scarcity, lost home or had residential or commercial property taken and an individual aside from the employee had access to the money or home.
On March 21, 2024, the ESA was modified to confirm that this consists of deductions from salaries in « dine and rush », « gas and dash » and other similar .
Payment of wages – direct deposit
The ESA requires companies to pay wages by cash, cheque or employment direct deposit. If the salaries are paid by direct deposit, the account should remain in the employee’s name and no one besides the employee can have access to the account, unless the worker has licensed it.
Effective June 21, 2024, an additional requirement will be in location if the company wishes to pay earnings by direct deposit: the account should be selected by the employee. This suggests the staff member needs to decide which account to utilize and the company can not limit an employee’s area by, for example, requiring the staff member to utilize an account at a specific financial organization.
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 deposited. If an employer formerly limited a worker’s account choice – for example, by needing them to utilize an account at a specific banks – it is the employer’s responsibility to verify the worker’s choice of their preferred account before they make the next payment after June 20, 2024. An employee can also notify their company that they want their incomes transferred to a various account and, when that takes place, the employer must make the change.
Vacation pay agreements
The ESA enables a company to pay vacation pay to a worker on every pay cheque as it builds up or at any agreed-upon time, however only with the agreement of the worker. Learn more about when to pay holiday pay.
Effective June 21, 2024, 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 holiday pay on every pay cheque or at an agreed-upon time. This confirms that such agreements can not be spoken and employment must be made in composing (including electronically), constant with how the ministry implements the ESA.
Tips or other gratuities – approaches of payment
Beginning June 21, employment 2024, companies will be needed to pay suggestions or other gratuities by either:
– money
– cheque
– direct deposit
If payment is by cash or employment cheque, the staff member should be paid the tips or other gratuities at the workplace or at some other location concurred to digitally or in composing by the employee.
If payment is made by direct deposit, the account must be chosen by the worker and remain in the staff member’s name. Nobody other than the worker can have access to the account, unless the worker has licensed it.
The requirement that the worker select the account suggests the employee must decide which account to use, and the employer can not limit a staff member’s choice by, for example, requiring the employee to utilize an account at a particular banks.
For payments that are to be made after June 20, 2024, an employee deserves to select the account where their tips are to be deposited. If an employer formerly restricted a staff member’s account selection – for instance, by needing them to use an account at a particular financial organization – it is the company’s duty to confirm the employee’s selection of their desired account before they make the next payment after June 20, 2024. A staff member can also notify their company that they want their suggestions transferred to a various account and, when that takes place, the company needs to make the change.
Tips sharing policy
The ESA enables companies, as well as directors and employment shareholders of an employer, to share in suggestions, if defined requirements are met.
Effective June 21, 2024, where an employer has a policy about the employer, director or investor of the company, employment sharing in a tip pool, the company will be needed to publish a copy of that policy in a clearly visible place in the work environment where it is 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 an employer has a written policy in location or if an employer has a recognized practice of sharing in an idea swimming pool that is consistently used (even if it’s not made a note of). If the employer has an unwritten but recognized, consistently-applied practice in place, the company needs to 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 document is a true copy of the policy that remains in location and plainly states that the employer or a director or investor of the company shares in the pointer pool.
Effective, June 21, 2024, companies will likewise be needed to keep a copy of every suggestions sharing policy that is needed to be published for three years after the policy stops being in impact.
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 connected to publicly marketed job posts.
Temporary aid agency and employer licensing
Beginning on July 1, employment 2024 under the Employment Standards Act, 2000 (ESA):
– Temporary assistance firms are needed to hold a licence to operate.Clients are forbidden from purposefully engaging or using the services of a temporary assistance agency unless the firm holds a licence. (Find out more about the relationship between short-term help firms and clients.).
– Employers, potential companies and other recruiters are restricted from knowingly 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 use.
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 applicants,.
– excusing specific employers from the security requirement under defined conditions,.
– altering the application charge and security requirements for entities applying both for a momentary assistance firm and a recruiter licence.
The ministry’s licensing website has been upgraded to show these changes. Please go to that website for information.