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Under the Employment Standards Act, 2000 (ESA), companies can require a worker to offer evidence affordable in the situations that they are entitled to authorized leave under the ESA.
Effective October 28, 2024, employers can not require workers to offer a certificate from a certified health professional (a medical note). A “competent health professional” is a person who is certified to practise as a physician, signed up nurse or psychologist under the laws of the jurisdiction in which care or treatment is supplied to the worker.
ESA maximum fines
A prosecution might be begun under Part III of the Provincial Offences Act where a person is believed to have actually devoted an offence under the ESA. If founded guilty, a person might be subject to a fine or a regard to imprisonment or both.
Since October 28, employment 2024, the optimum fine for people founded guilty of contravening the ESA has actually increased to $100,000 (up from $50,000).
Definition of staff member
The Employment Standards Act (ESA) specifies a worker to consist of a person who:
– carries out work for an employer for incomes
– supplies services to a company for incomes
– receives training from an employer, if the skill they’re being trained on is an ability utilized by the employer’s workers
– is a homeworker
– was a staff member
On March 21, 2024, the significance of “training” was expanded to include work carried out throughout a trial period. A worker now consists of a person who performs work during a trial period for a company, if the abilities being assessed throughout the trial duration are abilities used by the company’s workers or might be utilized by employees if there are no other staff members. This implies the hours worked throughout the trial duration need to be counted as work time. Discover more about what counts as work time.
Deductions from earnings
The ESA restricts employers from making deductions from earnings when the employer had a cash scarcity, lost home or had property stolen and an besides the staff member had access to the cash or property.
On March 21, 2024, the ESA was changed to confirm that this includes reductions from earnings in “dine and rush”, “gas and dash” and other comparable circumstances.
Payment of incomes – direct deposit
The ESA needs companies to pay wages by money, cheque or direct deposit. If the wages are paid by direct deposit, the account should remain in the worker’s name and nobody aside from the staff member can have access to the account, unless the worker has licensed it.
Effective June 21, 2024, an additional requirement will remain in place if the employer wants to pay earnings by direct deposit: the account should be chosen by the worker. This suggests the employee should decide which account to utilize and employment the company can not limit a worker’s section by, employment for instance, needing the staff member to use an account at a particular monetary institution.
For payments that are to be made after June 20, 2024, a worker can select the account where their earnings are to be deposited. If an employer previously restricted a worker’s account choice – for example, by needing them to utilize an account at a particular financial organization – it is the employer’s responsibility to confirm the worker’s choice of their desired account before they make the next payment after June 20, 2024. A worker can also alert their company that they desire their earnings transferred to a different account and, employment when that takes place, the employer should make the change.
Vacation pay agreements
The ESA enables a company to pay getaway pay to a worker on every pay cheque as it collects or at any agreed-upon time, however just with the arrangement of the worker. Discover more about when to pay getaway pay.
Effective June 21, 2024, the ESA is modified to clarify that the staff member needs to make an agreement with the company in order for the company to be able to pay getaway pay on every pay cheque or at an agreed-upon time. This validates that such arrangements can not be verbal and should be made in writing (consisting of digitally), consistent with how the ministry implements the ESA.
Tips or other gratuities – methods 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 employee must be paid the pointers or other gratuities at the workplace or at some other place accepted electronically or in composing by the worker.
If payment is made by direct deposit, the account must be chosen by the worker and be in the staff member’s name. Nobody besides the worker can have access to the account, unless the employee has licensed it.
The requirement that the staff member choose the account suggests the employee must decide which account to utilize, and the employer can not limit a staff member’s choice by, for instance, needing the worker to use an account at a specific financial organization.
For payments that are to be made after June 20, 2024, a staff member deserves to select the account where their tips are to be transferred. If a company formerly limited a worker’s account choice – for instance, by needing them to use an account at a particular banks – it is the employer’s responsibility to validate the worker’s choice of their preferred account before they make the next payment after June 20, 2024. A worker can also alert their employer that they desire their tips deposited to a different account and, when that takes place, the employer must make the modification.
Tips sharing policy
The ESA enables employers, as well as directors and investors of an employer, to share in ideas, if defined requirements are met.
Effective June 21, 2024, where an employer has a policy about the employer, director or shareholder of the employer, sharing in an idea pool, the employer will be needed to publish a copy of that policy in a clearly visible location in the office where it is likely to come to the attention of staff members.
The requirement to post a policy does not require a company to develop 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 pool that is consistently used (even if it’s not jotted down). If the company has an unwritten but recognized, consistently-applied practice in location, the employer should put the policy in composing and publish a copy of the policy.
The ESA does not define the details that needs to appear in the policy, as long as the published document is a true copy of the policy that is in place and clearly states that the company or a director or investor of the company shares in the idea swimming pool.
Effective, June 21, 2024, companies will also be required to keep a copy of every pointers sharing policy that is needed to be posted for three years after the policy stops being in impact.
Job publishing requirements
On a date to be set by pronouncement of the Lieutenant Governor, amendments will enter into force that establish brand-new requirements for companies related to publicly advertised job postings.
Temporary aid company and recruiter licensing
Beginning on July 1, 2024 under the Employment Standards Act, 2000 (ESA):
– Temporary assistance companies are required to hold a licence to operate.Clients are restricted from knowingly engaging or using the services of a short-term help firm unless the firm holds a licence. (Discover more about the relationship between short-lived aid firms and clients.).
– Employers, potential employers and other recruiters are forbidden from intentionally engaging or utilizing the services of any employer that does not hold a licence.
Where applications are made before July 1, 2024 and a decision is pending, there is a transitional guideline that will use.
On April 29, 2024, O. Reg. 99/23 – Licensing Temporary Help Agencies and employment Recruiters was changed. The modifications consist of:
– Adding a surety bond as a brand-new acceptable form of security for all applicants,.
– exempting certain recruiters from the security requirement under specified conditions,.
– changing the application cost and security requirements for entities applying both for a short-term help company and a recruiter licence.
The ministry’s licensing website has been upgraded to reflect these modifications. Please visit that web page for information.