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Under the Employment Standards Act, 2000 (ESA), companies can require a worker to supply proof reasonable in the circumstances that they are entitled to authorized leave under the ESA.

Effective October 28, 2024, employers can not need staff members to offer a certificate from a competent health specialist (a medical note). A “certified health professional” is an individual who is qualified to practice as a physician, signed up nurse or psychologist under the laws of the jurisdiction in which care or treatment is supplied to the staff member.

ESA optimum fines

A prosecution may be commenced under Part III of the Provincial Offences Act where an individual is thought to have actually dedicated an offence under the ESA. If founded guilty, an individual could be based on a fine or a regard to jail time or both.

Since October 28, 2024, the optimum fine for people founded guilty of contravening the ESA has actually increased to $100,000 (up from $50,000).

Definition of worker

The Employment Standards Act (ESA) specifies a worker to consist of a person who:

– carries out work for a company for salaries

– materials services to an employer for incomes

– receives training from an employer, if the ability they’re being trained on is a skill used by the employer’s employees

– is a homeworker

– was a worker

On March 21, 2024, the significance of “training” was expanded to include work performed throughout a trial duration. An employee now consists of an individual who carries out work throughout a trial duration for a company, if the abilities being examined throughout the trial duration are skills utilized by the company’s workers or might be utilized by staff members if there are no other staff members. This indicates the hours worked throughout the trial period need to be counted as work time. Learn more about what counts as work time.

Deductions from salaries

The ESA forbids employers from making deductions from salaries when the employer had a money shortage, lost home or had residential or commercial property stolen and an individual other than the employee had access to the cash or property.

On March 21, 2024, the ESA was changed to confirm that this consists of deductions from salaries in “dine and dash”, “gas and dash” and other similar circumstances.

Payment of salaries – direct deposit

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

Effective June 21, 2024, employment an extra requirement will remain in location if the employer wants to pay wages by direct deposit: the account must be picked by the employee. This indicates the staff member needs to decide which account to utilize and the company can not limit a worker’s area by, for instance, requiring the employee to utilize an account at a particular financial institution.

For payments that are to be made after June 20, 2024, an employee has the right to pick the account where their incomes are to be transferred. If a company formerly restricted a staff member’s account choice – for instance, by requiring them to use an account at a specific monetary organization – it is the company’s duty to verify the staff member’s selection of their desired account before they make the next payment after June 20, 2024. A worker can likewise alert their company that they desire their wages transferred to a different account and, when that takes place, employment the company must make the modification.

Vacation pay contracts

The ESA allows a company to pay vacation pay to a worker on every pay cheque as it accumulates or employment at any agreed-upon time, however just with the agreement of the worker. Find out more about when to pay getaway pay.

Effective June 21, 2024, the ESA is changed 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 validates that such contracts can not be spoken and employment should be made in writing (including digitally), consistent with how the ministry implements the ESA.

Tips or other gratuities – methods of payment

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

– cash

– cheque

– direct deposit

If payment is by money or cheque, the employee must be paid the suggestions or other gratuities at the work environment or at some other location concurred to electronically or in composing by the worker.

If payment is made by direct deposit, the account should be picked by the staff member and be in the staff member’s name. Nobody besides the staff member can have access to the account, unless the staff member has authorized it.

The requirement that the employee pick the account implies the employee must choose which account to utilize, and the employer can not limit a worker’s choice by, for instance, employment requiring the staff member to use 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 suggestions are to be transferred. If a company formerly restricted a staff member’s account choice – for instance, by requiring them to utilize an account at a specific banks – it is the company’s responsibility to confirm the employee’s choice of their wanted account before they make the next payment after June 20, 2024. A staff member can likewise alert their employer that they want their pointers transferred to a different account and, when that takes place, the company needs to make the change.

Tips sharing policy

The ESA allows employers, as well as directors and employment investors of a company, to share in tips, if specified criteria are fulfilled.

Effective June 21, 2024, where an employer has a policy about the employer, director or shareholder of the company, sharing in a suggestion pool, the employer will be needed to post a copy of that policy in a clearly noticeable location in the workplace where it is likely to come to the attention of workers.

The requirement to publish 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 a recognized practice of sharing in a pointer pool that is consistently applied (even if it’s not jotted down). If the employer has an unwritten however established, consistently-applied practice in location, the company needs to put the policy in composing and post a copy of the policy.

The ESA does not define the information that should appear in the policy, as long as the posted file is a true copy of the policy that remains in place and plainly mentions that the employer or a director or investor of the company shares in the pointer pool.

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

Job posting requirements

On a date to be set by proclamation of the Lieutenant Governor, changes will come into force that establish new requirements for employers related to publicly advertised task postings.

Temporary help firm and employer licensing

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

– Temporary assistance companies are needed to hold a licence to operate.Clients are prohibited from knowingly engaging or using the services of a temporary assistance firm unless the firm holds a licence. (Discover more about the relationship between temporary assistance companies and customers.).

– Employers, potential companies and other employers are restricted from knowingly 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 use.

On April 29, 2024, O. Reg. 99/23 – Licensing Temporary Help Agencies and Recruiters was changed. The changes include:

– Adding a surety bond as a new appropriate type of security for all candidates,.

– excusing specific employers from the security requirement under defined conditions,.

– changing the application fee and security requirements for entities using both for a short-lived help firm and an employer licence.

The ministry’s licensing webpage has actually been updated to reflect these modifications. Please go to that webpage for details.

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