Overview
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Founded Date March 16, 1965
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Specializations Coding
Company Description
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Under the Employment Standards Act, 2000 (ESA), employers can need a staff member to provide evidence affordable in the circumstances that they are entitled to ill leave under the ESA.
Effective October 28, 2024, companies can not require employees to offer a certificate from a competent health professional (a medical note). A “competent health practitioner” is a person who is qualified to practise as a doctor, registered nurse or psychologist under the laws of the jurisdiction in which care or treatment is supplied to the employee.
ESA maximum fines
A prosecution may be commenced under Part III of the Provincial Offences Act where an individual is thought to have dedicated an offence under the ESA. If founded guilty, a person could be based on a fine or a term of jail time or both.
Since October 28, 2024, the maximum fine for individuals convicted of contravening the ESA has increased to $100,000 (up from $50,000).
Definition of staff member
The Employment Standards Act (ESA) a worker to include an individual who:
– performs work for a company for wages
– products services to a company for earnings
– receives training from a company, if the ability they’re being trained on is a skill used by the company’s staff members
– is a homeworker
– was a staff member
On March 21, 2024, the meaning of “training” was expanded to include work performed during a trial duration. A worker now consists of an individual who performs work throughout a trial duration for a company, if the abilities being evaluated during the trial period are skills utilized by the employer’s workers or could be used by workers if there are no other staff members. This implies the hours worked during the trial period need to be counted as work time. Find out more about what counts as work time.
Deductions from salaries
The ESA prohibits companies from making reductions from salaries when the employer had a cash shortage, lost property or had actually residential or commercial property stolen and an individual aside from the worker had access to the money or property.
On March 21, 2024, the ESA was changed to verify that this includes deductions from salaries in “dine and rush”, “gas and dash” and other similar circumstances.
Payment of wages – direct deposit
The ESA requires employers to pay salaries by cash, cheque or employment direct deposit. If the salaries are paid by direct deposit, the account needs to remain in the staff member’s name and no one other than the worker can have access to the account, unless the staff member has licensed it.
Effective June 21, 2024, an extra requirement will remain in place if the employer wants to pay earnings by direct deposit: the account needs to be chosen by the worker. This means the employee must choose which account to use and the employer can not limit a worker’s section by, for instance, needing the employee to utilize an account at a specific monetary institution.
For payments that are to be made after June 20, 2024, a worker can select the account where their incomes are to be deposited. If an employer previously restricted a worker’s account selection – for example, by requiring them to use an account at a specific monetary organization – it is the employer’s duty to validate the employee’s choice of their wanted account before they make the next payment after June 20, 2024. An employee can likewise notify their employer that they desire their earnings deposited to a different account and, when that occurs, the company needs to make the change.
Vacation pay contracts
The ESA allows an employer to pay vacation pay to a worker on every pay cheque as it collects or at any agreed-upon time, but just with the contract of the worker. Learn more about when to pay vacation pay.
Effective June 21, 2024, the ESA is amended to clarify that the staff member should make a contract with the company in order for the company to be able to pay holiday pay on every pay cheque or at an agreed-upon time. This confirms that such contracts can not be spoken and need to be made in composing (including digitally), constant with how the ministry enforces the ESA.
Tips or other gratuities – methods of payment
Beginning June 21, 2024, companies will be needed to pay suggestions or employment other gratuities by either:
– money
– cheque
– direct deposit
If payment is by money or cheque, the employee should be paid the suggestions or other gratuities at the work environment or at some other location accepted electronically or in composing by the employee.
If payment is made by direct deposit, the account needs to be picked by the worker and be in the employee’s name. Nobody besides the worker can have access to the account, unless the staff member has actually authorized it.
The requirement that the staff member select the account means the worker should choose which account to use, and the employer can not limit a staff member’s selection by, for instance, needing the staff member to utilize an account at a particular monetary organization.
For payments that are to be made after June 20, 2024, a worker has the right to choose the account where their pointers are to be deposited. If a company formerly limited a worker’s account selection – for example, by requiring them to use an account at a specific banks – it is the company’s duty to confirm the staff member’s selection of their wanted account before they make the next payment after June 20, 2024. A worker can also notify their company that they desire their ideas deposited to a different account and, when that happens, the employer needs to make the modification.
Tips sharing policy
The ESA permits employers, in addition to directors and shareholders of a company, to share in pointers, if defined criteria are satisfied.
Effective June 21, 2024, where a company has a policy about the company, director or shareholder of the employer, sharing in a tip pool, the company will be needed to publish a copy of that policy in a clearly visible location in the work environment where it is most likely to come to the attention of employees.
The requirement to publish a policy does not require a company to develop a policy. It applies if a company has a written policy in place or if an employer has an established practice of sharing in a tip swimming pool that is consistently used (even if it’s not jotted down). If the employer has an unwritten but recognized, consistently-applied practice in location, the employer should put the policy in composing and post a copy of the policy.
The ESA does not specify the info that must appear in the policy, as long as the published file is a true copy of the policy that is in place and employment plainly states that the company or a director or investor of the company shares in the tip pool.
Effective, June 21, 2024, companies will also be needed to keep a copy of every pointers sharing policy that is needed to be published 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 come into force that establish new requirements for employers related to openly advertised job posts.
Temporary help company and employer licensing
Beginning on July 1, 2024 under the Employment Standards Act, 2000 (ESA):
– Temporary aid companies are required to hold a licence to operate.Clients are restricted from intentionally engaging or utilizing the services of a short-term aid firm unless the company holds a licence. (Discover more about the relationship between short-lived aid companies and clients.).
– Employers, potential companies and other employers are prohibited from knowingly 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 rule that will use.
On April 29, 2024, O. Reg. 99/23 – Licensing Temporary Help Agencies and Recruiters was amended. The changes consist of:
– Adding a surety bond as a brand-new acceptable kind of security for all candidates,.
– excusing particular employers from the security requirement under defined conditions,.
– changing the application charge and security requirements for entities using both for a short-term aid firm and a recruiter licence.
The ministry’s licensing website has actually been upgraded to show these changes. Please visit that website for information.