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Under the Employment Standards Act, 2000 (ESA), companies can require a worker to offer proof affordable in the scenarios that they are entitled to sick leave under the ESA.
Effective October 28, 2024, companies can not require employees to offer a certificate from a qualified health practitioner (a medical note). A “competent health specialist” is an individual who is qualified to practice as a doctor, registered nurse or psychologist under the laws of the jurisdiction in which care or treatment is supplied to the worker.
ESA optimum fines
A prosecution may be started under Part III of the Provincial Offences Act where an individual is thought to have actually dedicated an offense under the ESA. If convicted, referall.us an individual could be based on a fine or a regard to jail time or both.
As of 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 employee
The Employment Standards Act (ESA) defines an employee to include a person who:
– performs work for a company for earnings
– products services to an employer for wages
– receives from a company, if the ability they’re being trained on is an ability used by the employer’s employees
– is a homeworker
– was a staff member
On March 21, 2024, the significance of “training” was expanded to include work performed during a trial period. A staff member now includes a person who carries out work throughout a trial duration for a company, if the skills being examined throughout the trial period are skills utilized by the company’s workers or could be utilized by workers if there are no other workers. This implies the hours worked throughout the trial duration must be counted as work time. Learn more about what counts as work time.
Deductions from incomes
The ESA restricts companies from making deductions from earnings when the employer had a money shortage, lost residential or commercial property or had property stolen and a person besides the worker had access to the cash or property.
On March 21, 2024, the ESA was modified to validate that this consists of reductions from incomes in “dine and rush”, “gas and dash” and other similar circumstances.
Payment of salaries – direct deposit
The ESA needs companies to pay earnings by cash, cheque or direct deposit. If the salaries are paid by direct deposit, the account should be in the worker’s name and no one other than the employee can have access to the account, unless the employee has licensed it.
Effective June 21, 2024, an additional requirement will be in location if the company wishes to pay salaries by direct deposit: the account must be selected by the worker. This suggests the worker needs to decide which account to utilize and the company can not restrict an employee’s area by, for example, requiring the employee to use an account at a specific monetary organization.
For payments that are to be made after June 20, 2024, a worker has the right to select the account where their incomes are to be transferred. If an employer previously restricted an employee’s account choice – for example, by needing them to utilize an account at a specific banks – it is the company’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 employer that they want their salaries deposited to a different account and, when that takes place, the employer must make the modification.
Vacation pay contracts
The ESA enables a company to pay holiday pay to a worker on every pay cheque as it builds up or at any agreed-upon time, but only with the contract of the worker. Learn more about when to pay vacation pay.
Effective June 21, 2024, the ESA is changed to clarify that the staff member must make an arrangement with the company in order for the employer to be able to pay vacation pay on every pay cheque or at an agreed-upon time. This validates that such arrangements can not be spoken and must be made in writing (consisting of digitally), constant with how the ministry imposes the ESA.
Tips or other gratuities – techniques of payment
Beginning June 21, 2024, employers will be needed to pay tips or other gratuities by either:
– money
– cheque
– direct deposit
If payment is by money or cheque, the employee should be paid the ideas or other gratuities at the office or at some other location accepted digitally or in writing by the staff member.
If payment is made by direct deposit, the account should be picked by the worker and remain in the employee’s name. Nobody other than the staff member can have access to the account, unless the staff member has authorized it.
The requirement that the worker select the account suggests the worker needs to decide which account to utilize, and the employer can not restrict a worker’s choice by, for instance, needing the worker to use an account at a particular banks.
For payments that are to be made after June 20, 2024, a staff member has the right to select the account where their ideas are to be deposited. If a company formerly limited a staff member’s account selection – for instance, by requiring them to utilize an account at a specific banks – it is the company’s responsibility to validate the employee’s selection of their desired account before they make the next payment after June 20, 2024. A worker can also alert their employer that they want their suggestions transferred to a various account and, when that takes place, the company must make the modification.
Tips sharing policy
The ESA enables employers, in addition to directors and shareholders of a company, to share in ideas, if specified requirements are fulfilled.
Effective June 21, 2024, where a company has a policy about the company, director or shareholder of the company, sharing in a suggestion swimming pool, the employer will be required to publish a copy of that policy in a clearly noticeable place in the workplace where it is most likely to come to the attention of employees.
The requirement to post a policy does not need a company to develop a policy. It applies if an employer has a written policy in place or if a company has a recognized practice of sharing in an idea pool that is regularly used (even if it’s not composed down). If the company has an unwritten however established, consistently-applied practice in place, the company should put the policy in writing and post a copy of the policy.
The ESA does not define the information that needs to appear in the policy, as long as the posted file is a true copy of the policy that is in location and plainly mentions that the employer or a director or shareholder of the company shares in the suggestion pool.
Effective, June 21, 2024, employers will likewise be required to keep a copy of every tips 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 pronouncement of the Lieutenant Governor, amendments will enter into force that establish brand-new requirements for companies related to openly marketed task posts.
Temporary aid agency and recruiter licensing
Beginning on July 1, 2024 under the Employment Standards Act, 2000 (ESA):
– Temporary aid agencies are needed to hold a licence to operate.Clients are prohibited from purposefully engaging or using the services of a short-lived assistance firm unless the agency holds a licence. (Learn more about the relationship between temporary help companies and clients.).
– Employers, prospective companies and other employers are forbidden from intentionally engaging or utilizing 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 amended. The modifications include:
– Adding a surety bond as a brand-new appropriate kind of security for all applicants,.
– excusing certain employers from the security requirement under specified conditions,.
– altering the application cost and security requirements for entities applying both for a momentary assistance company and a recruiter licence.
The ministry’s licensing webpage has been updated to show these changes. Please check out that web page for details.