Please Visit That Web Page For Details

Under the Employment Standards Act, 2000 (ESA), companies can need an employee 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 competent health practitioner (a medical note). A "certified health professional" is a person who is certified to practise as a doctor, signed up nurse or psychologist under the laws of the jurisdiction in which care or treatment is supplied to the employee.


ESA optimum fines


A prosecution may be begun under Part III of the Provincial Offences Act where an individual is believed to have actually devoted an offense under the ESA. If convicted, an individual might be based on a fine or a term of imprisonment or both.


As of 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 employee


The Employment Standards Act (ESA) specifies an employee to include an individual who:


- carries out work for a company for salaries

- supplies services to a company for wages

- 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 an employee


On March 21, 2024, the significance of "training" was expanded to consist of work performed during a trial period. A worker now consists of a person who carries out work throughout a trial duration for an employer, if the skills being assessed throughout the trial period are skills utilized by the company's staff members or might be used by employees if there are no other workers. This implies the hours worked throughout the trial period need to be counted as work time. Discover more about what counts as work time.


Deductions from earnings


The ESA prohibits employers from making reductions from incomes when the employer had a money scarcity, lost property or had actually property stolen and an aside from the worker had access to the cash or residential or commercial property.


On March 21, 2024, the ESA was modified to confirm that this consists of reductions from earnings in "dine and rush", "gas and dash" and other similar scenarios.


Payment of wages - direct deposit


The ESA requires employers to pay earnings by cash, cheque or direct deposit. If the salaries are paid by direct deposit, the account must be in the staff member's name and no one besides the worker can have access to the account, unless the worker has actually licensed it.


Effective June 21, 2024, an additional requirement will be in place if the company wishes to pay salaries by direct deposit: the account should be chosen by the staff member. This implies the staff member must decide which account to utilize and the employer can not restrict a worker's area by, for example, requiring the employee to use an account at a specific financial institution.


For payments that are to be made after June 20, 2024, a worker has the right to select the account where their wages are to be deposited. If an employer previously limited a staff member's account selection - for example, by requiring them to utilize an account at a particular financial institution - it is the company's responsibility to validate the staff member's choice of their wanted account before they make the next payment after June 20, 2024. A worker can also inform their company that they want their incomes transferred to a various account and, employment when that takes place, the employer needs to make the modification.


Vacation pay arrangements


The ESA permits an employer to pay trip pay to a staff member on every pay cheque as it collects or employment at any agreed-upon time, employment however only with the agreement of the staff member. Learn more about when to pay vacation pay.


Effective June 21, 2024, the ESA is amended to clarify that the staff member needs to make a contract with the employer in order for the company to be able to pay vacation pay on every pay cheque or at an agreed-upon time. This confirms that such agreements can not be spoken and should be made in composing (including electronically), constant with how the ministry implements the ESA.


Tips or other gratuities - methods of payment


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


- cash

- cheque

- direct deposit


If payment is by cash or cheque, the employee needs to be paid the pointers or other gratuities at the workplace or at some other location agreed to digitally or in writing by the employee.


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


The requirement that the staff member choose the account implies the worker should decide which account to use, and the company can not restrict an employee's selection by, for example, needing the employee to use an account at a specific financial organization.


For payments that are to be made after June 20, 2024, employment a staff member deserves to pick the account where their tips are to be transferred. If an employer previously restricted a worker's account selection - for example, by needing them to utilize an account at a specific monetary institution - it is the employer's obligation to verify the staff member's choice of their desired account before they make the next payment after June 20, 2024. A staff member can likewise notify their company that they want their ideas deposited to a different account and, when that occurs, the company should make the modification.


Tips sharing policy


The ESA permits employers, as well as directors and shareholders of a company, to share in pointers, if defined requirements are met.


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


The requirement to publish a policy does not need an employer to establish a policy. It applies if a company has a written policy in place or if an employer has a recognized practice of sharing in a tip swimming pool that is consistently applied (even if it's not jotted down). If the company has an unwritten however established, consistently-applied practice in place, the employer must 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 document is a real copy of the policy that is in location and plainly states that the company or a director or shareholder of the employer shares in the suggestion pool.


Effective, June 21, 2024, employers will likewise be required to keep a copy of every pointers sharing policy that is required to be posted 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 advertised job postings.


Temporary aid firm and employer licensing


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


- Temporary help companies are required to hold a licence to operate.Clients are prohibited from knowingly engaging or utilizing the services of a short-lived aid company unless the firm holds a licence. (Learn more about the relationship between short-lived aid agencies and customers.).


- Employers, prospective companies and other employers are restricted 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 rule that will apply.


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


- Adding a surety bond as a new acceptable kind of security for all applicants,.

- excusing particular recruiters from the security requirement under defined conditions,.

- changing the application fee and security requirements for entities using both for a momentary help agency and a recruiter licence.


The ministry's licensing webpage has actually been upgraded to show these changes. Please visit that website for information.