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Founded Date December 13, 1908
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Sectors Transportation
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Under the Employment Standards Act, 2000 (ESA), employers can need a staff member to provide proof affordable in the scenarios that they are entitled to authorized leave under the ESA.
Effective October 28, 2024, employment companies can not require staff members to provide a certificate from a certified health professional (a medical note). A “certified health practitioner” is a person who is qualified to practise as a physician, signed up nurse or psychologist under the laws of the jurisdiction in which care or treatment is provided to the staff member.
ESA maximum fines
A prosecution may be started under Part III of the Provincial Offences Act where an individual is thought to have committed an offence under the ESA. If founded guilty, a person could be based on a fine or a regard to imprisonment or both.
Since October 28, 2024, the optimum fine for people convicted of contravening the ESA has increased to $100,000 (up from $50,000).
Definition of worker
The Employment Standards Act (ESA) specifies a worker to include a person who:
– performs work for an employer for earnings
– supplies services to a company for incomes
– receives training from a company, if the skill they’re being trained on is a skill utilized by the employer’s workers
– is a homeworker
– was a worker
On March 21, 2024, the meaning of “training” was broadened to consist of work carried out throughout a trial duration. An employee now consists of an individual who carries out work during a trial duration for employment an employer, if the abilities being examined during the trial duration are skills utilized by the company’s workers or might be used by workers if there are no other staff members. This means the hours worked during the trial duration need to be counted as work time. Find out more about what counts as work time.
Deductions from incomes
The ESA forbids companies from making reductions from salaries when the employer had a cash lack, lost residential or commercial property or had residential or commercial property stolen and an individual other than the staff member had access to the cash or residential or commercial property.
On March 21, 2024, the ESA was changed to validate that this includes deductions from incomes in “dine and dash”, “gas and dash” and other comparable situations.
Payment of earnings – direct deposit
The ESA needs employers to pay incomes by money, cheque or direct deposit. If the earnings are paid by direct deposit, the account must 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 actually authorized it.
Effective June 21, 2024, an additional requirement will be in location if the company desires to pay wages by direct deposit: the account must be selected by the worker. This indicates the staff member must choose which account to use and the company can not restrict a staff member’s section by, for instance, requiring the worker to use an account at a particular monetary organization.
For payments that are to be made after June 20, 2024, an employee can choose the account where their wages are to be deposited. If a company previously restricted a worker’s account selection – for instance, by requiring them to use an account at a particular banks – it is the company’s obligation to confirm the worker’s selection of their desired account before they make the next payment after June 20, 2024. A worker can likewise notify their employer that they desire their incomes transferred to a different account and, when that occurs, the employer needs to make the change.
Vacation pay arrangements
The ESA allows a company to pay vacation pay to a staff member on every pay cheque as it accumulates or at any agreed-upon time, however only with the agreement of the staff member. Discover more about when to pay holiday pay.
Effective June 21, 2024, the ESA is modified to clarify that the employee should make an agreement with the company in order for the company to be able to pay vacation pay on every pay cheque or at an agreed-upon time. This verifies that such contracts can not be verbal and employment must be made in composing (consisting of electronically), consistent with how the ministry implements the ESA.
Tips or other gratuities – methods of payment
Beginning June 21, 2024, employers will be needed to pay tips or other gratuities by either:
– cash
– cheque
– direct deposit
If payment is by cash or cheque, the worker must be paid the tips or other gratuities at the office or at some other location consented to electronically or in writing by the worker.
If payment is made by direct deposit, the account should be selected by the employee and be in the worker’s name. Nobody other than the employee can have access to the account, unless the staff member has authorized it.
The requirement that the employee pick the account means the employee needs to choose which account to use, and the company can not restrict an employee’s selection by, for instance, requiring the employee to use an account at a specific financial institution.
For payments that are to be made after June 20, 2024, an employee has the right to pick the account where their tips are to be deposited. If a company previously limited a worker’s account choice – for example, by needing them to utilize an account at a specific banks – it is the company’s obligation to verify the worker’s selection of their desired before they make the next payment after June 20, 2024. A staff member can also inform their company that they want their tips transferred to a different account and, when that takes place, the employer must make the change.
Tips sharing policy
The ESA allows employers, in addition to directors and investors of a company, to share in suggestions, if specified criteria are fulfilled.
Effective June 21, 2024, where a company has a policy about the employer, director or shareholder of the company, sharing in a pointer pool, the company will be needed to post a copy of that policy in a plainly noticeable location in the work environment where it is most likely to come to the attention of workers.
The requirement to post a policy does not need a company to establish a policy. It uses if an employer has a written policy in place or if a company has a recognized practice of sharing in a tip swimming pool that is consistently used (even if it’s not documented). If the employer has an unwritten but established, consistently-applied practice in place, the employer must put the policy in composing and employment publish a copy of the policy.
The ESA does not specify the info that should appear in the policy, as long as the posted document is a true copy of the policy that remains in place and clearly specifies 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 needed to keep a copy of every pointers sharing policy that is needed to be posted for three years after the policy stops being in result.
Job posting requirements
On a date to be set by proclamation of the Lieutenant Governor, modifications will enter into force that develop new requirements for employers associated with openly marketed job posts.
Temporary assistance agency and recruiter licensing
Beginning on July 1, 2024 under the Employment Standards Act, 2000 (ESA):
– Temporary help agencies are required to hold a licence to operate.Clients are restricted from knowingly engaging or utilizing the services of a momentary aid agency unless the company holds a licence. (Discover more about the relationship in between short-term help agencies and clients.).
– Employers, potential employers and other recruiters are forbidden from purposefully engaging or using the services of any recruiter that does not hold a licence.
Where applications are made before July 1, 2024 and a decision 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 modified. The modifications consist of:
– Adding a surety bond as a brand-new appropriate type of security for all applicants,.
– exempting certain recruiters from the security requirement under specified conditions,.
– changing the application fee and security requirements for entities applying both for a momentary aid firm and an employer licence.
The ministry’s licensing website has actually been updated to reflect these modifications. Please visit that webpage for information.