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Founded Date November 16, 1964
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Sectors Technology Support Specialist
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Under the Employment Standards Act, 2000 (ESA), employers can require an employee to supply evidence sensible in the situations that they are entitled to sick leave under the ESA.
Effective October 28, 2024, employers can not need workers to supply a certificate from a certified health practitioner (a medical note). A “certified health practitioner” is a person who is qualified to practise as a physician, signed up nurse or employment 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 started under Part III of the Provincial Offences Act where a person is believed to have dedicated an offence under the ESA. If founded guilty, a person might be based on a fine or a term of imprisonment or both.
As of October 28, 2024, the optimum fine for employment individuals founded guilty of contravening the ESA has increased to $100,000 (up from $50,000).
Definition of employee
The Employment Standards Act (ESA) specifies an employee to include an individual who:
– performs work for an employer for salaries
– supplies services to a company for salaries
– receives training from a company, if the ability they’re being trained on is a skill used by the employer’s employees
– is a homeworker
– was an employee
On March 21, 2024, the significance of “training” was expanded to consist of work carried out during a trial duration. A staff member now consists of an individual who performs work during a trial period for employment a company, if the abilities being assessed during the trial period are skills utilized by the company’s staff members or could be used by staff members if there are no other staff members. This suggests the hours worked throughout the trial duration need to be counted as work time. Find out more about what counts as work time.
Deductions from wages
The ESA forbids employers from making deductions from earnings when the employer had a money scarcity, lost home or had property stolen and a person aside from the staff member had access to the cash or property.
On March 21, 2024, the ESA was amended to verify that this consists of reductions from salaries in “dine and dash”, “gas and dash” and other similar circumstances.
Payment of wages – direct deposit
The ESA needs companies to pay incomes by cash, cheque or direct deposit. If the earnings are paid by direct deposit, the account must be in the worker’s name and nobody besides the employee can have access to the account, unless the worker has authorized it.
Effective June 21, 2024, an extra requirement will be in place if the company wishes to pay wages by direct deposit: the account needs to be chosen by the worker. This implies the employee should choose which account to use and the company can not restrict a worker’s section by, for instance, requiring the employee to use an account at a particular banks.
For payments that are to be made after June 20, 2024, a worker deserves to select the account where their earnings are to be deposited. If a company previously limited a worker’s account choice – for example, by requiring them to utilize an account at a particular banks – it is the employer’s duty to confirm the worker’s selection of their wanted account before they make the next payment after June 20, 2024. A staff member can likewise alert their employer that they desire their incomes deposited to a different account and, when that happens, the company needs to make the modification.
Vacation pay arrangements
The ESA permits a company to pay holiday pay to a staff member on every pay cheque as it collects or at any agreed-upon time, however just with the agreement of the employee. Find out more about when to pay vacation pay.
Effective June 21, 2024, the ESA is amended to clarify that the staff member must make a contract 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 verifies that such arrangements can not be spoken and need to be made in writing (including digitally), consistent with how the ministry implements the ESA.
Tips or other gratuities – techniques of payment
Beginning June 21, 2024, companies will be required to pay pointers or other gratuities by either:
– money
– cheque
– direct deposit
If payment is by money or cheque, the worker should be paid the tips or other gratuities at the work environment or at some other place consented to digitally or in composing by the employee.
If payment is made by direct deposit, the account should be chosen by the worker and be in the worker’s name. Nobody other than the staff member can have access to the account, unless the staff member has actually licensed it.
The requirement that the staff member select the account indicates the worker needs to choose which account to use, and the company can not restrict a staff member’s choice by, for instance, employment requiring the employee to utilize an account at a particular banks.
For payments that are to be made after June 20, 2024, employment a staff member has the right to pick the account where their suggestions are to be transferred. If an employer formerly limited a selection – for example, by requiring them to use an account at a specific financial organization – it is the employer’s duty to verify the employee’s choice of their preferred account before they make the next payment after June 20, 2024. A worker can likewise notify their employer that they want their suggestions deposited to a different account and, when that occurs, the company needs to make the change.
Tips sharing policy
The ESA permits employers, employment in addition to directors and investors of an employer, 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 tip pool, the employer will be required to publish a copy of that policy in a clearly noticeable place in the work environment where it is likely to come to the attention of workers.
The requirement to post a policy does not need a company 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 swimming pool that is consistently applied (even if it’s not made a note of). If the employer has an unwritten however recognized, consistently-applied practice in place, the employer needs to put the policy in writing and publish a copy of the policy.
The ESA does not specify the details that must appear in the policy, as long as the posted document is a true copy of the policy that is in location and clearly states that the employer or a director or shareholder of the employer shares in the idea swimming pool.
Effective, June 21, 2024, employers will also be needed to keep a copy of every tips sharing policy that is required to be published for 3 years after the policy stops being in result.
Job posting requirements
On a date to be set by proclamation of the Lieutenant Governor, changes will enter into force that develop brand-new requirements for companies associated with openly marketed job postings.
Temporary aid company and employer licensing
Beginning on July 1, 2024 under the Employment Standards Act, 2000 (ESA):
– Temporary assistance firms are needed to hold a licence to operate.Clients are prohibited from purposefully engaging or using the services of a momentary aid company unless the agency holds a licence. (Discover more about the relationship between short-lived help companies and clients.).
– Employers, prospective employers and other recruiters 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, employment O. Reg. 99/23 – Licensing Temporary Help Agencies and Recruiters was amended. The modifications include:
– Adding a surety bond as a brand-new appropriate form of security for all applicants,.
– exempting specific recruiters from the security requirement under specified conditions,.
– changing the application charge and security requirements for entities applying both for a short-term aid agency and a recruiter licence.
The ministry’s licensing web page has been updated to reflect these modifications. Please visit that webpage for information.