Under the Employment Standards Act, 2000 (ESA), employers can need a staff member to provide proof reasonable in the circumstances that they are entitled to authorized leave under the ESA.
Effective October 28, 2024, employers can not require employees to supply a certificate from a qualified health specialist (a medical note). A "certified health professional" 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 staff member.
ESA optimum fines
A prosecution might be begun under Part III of the Provincial Offences Act where a person is thought to have actually devoted an offence under the ESA. If founded guilty, a person might be subject to a fine or a regard to jail time or both.
As of October 28, 2024, the maximum fine for people convicted of contravening the ESA has increased to $100,000 (up from $50,000).
Definition of staff member
The Employment Standards Act (ESA) specifies a staff member to consist of an individual who:
- carries out work for a company for salaries
- products services to an employer for salaries
- gets training from an employer, if the skill they're being trained on is a skill used by the company's employees
- is a homeworker
- was a worker
On March 21, 2024, the meaning of "training" was broadened to include work performed throughout a trial duration. An employee now consists of an individual who carries out work during a trial period for a company, if the skills being examined during the trial duration are abilities used by the employer's employees or could be used by staff members if there are no other workers. This indicates the hours worked throughout the trial period need to be counted as work time. Learn more about what counts as work time.
Deductions from wages
The ESA prohibits companies from making deductions from wages when the employer had a money scarcity, lost home or had home taken and a person other than the employee had access to the money or property.
On March 21, 2024, the ESA was amended to confirm that this consists of reductions from earnings in "dine and rush", "gas and dash" and other comparable situations.
Payment of earnings - direct deposit
The ESA needs employers to pay incomes by cash, cheque or direct deposit. If the incomes are paid by direct deposit, the account must remain in the staff member's name and no one aside from the employee can have access to the account, unless the staff member has authorized it.
Effective June 21, 2024, an extra requirement will remain in place if the company wishes to pay earnings by direct deposit: the account must be selected by the employee. This implies the worker must decide which account to utilize and the company can not limit a staff member's section by, for example, needing the worker to utilize an account at a particular financial institution.
For payments that are to be made after June 20, 2024, a staff member can pick the account where their earnings are to be deposited. If a company formerly limited an employee's account selection - for example, by requiring them to utilize an account at a particular financial organization - it is the company's duty to confirm the staff member's selection of their preferred account before they make the next payment after June 20, 2024. An employee can also notify their employer that they want their salaries deposited to a different account and, when that happens, the employer should make the modification.
Vacation pay arrangements
The ESA permits a company to pay trip pay to a staff member on every pay cheque as it collects or at any agreed-upon time, however just with the arrangement of the employee. Discover more about when to pay getaway pay.
Effective June 21, 2024, the ESA is changed to clarify that the employee must make a contract with the employer in order for the company to be able to pay getaway pay on every pay cheque or at an agreed-upon time. This validates that such agreements can not be verbal and should be made in composing (consisting of electronically), consistent with how the ministry imposes the ESA.
Tips or other gratuities - methods of payment
Beginning June 21, 2024, companies will be needed to pay tips or other gratuities by either:
- cash
- cheque
- direct deposit
If payment is by money or cheque, trade-britanica.trade the worker must be paid the suggestions or other gratuities at the office 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 selected by the staff member and be in the worker's name. Nobody besides the staff member can have access to the account, unless the employee has actually licensed it.
The requirement that the employee select the account indicates the worker must choose which account to utilize, and the company can not limit an employee's choice by, for instance, requiring the staff member to use an account at a particular monetary organization.
For payments that are to be made after June 20, 2024, an employee can select the account where their ideas are to be transferred. If an previously restricted an employee's account selection - for instance, by requiring them to utilize an account at a particular banks - it is the employer's responsibility to validate the worker's selection of their wanted account before they make the next payment after June 20, 2024. A staff member can also inform their company that they desire their suggestions deposited to a different account and, when that takes place, the company should make the change.
Tips sharing policy
The ESA enables employers, along with directors and investors of a company, to share in pointers, if specified criteria are met.
Effective June 21, 2024, where an employer has a policy about the company, director or shareholder of the employer, sharing in a suggestion pool, the employer will be needed to post a copy of that policy in a plainly noticeable location in the office where it is likely to come to the attention of workers.
The requirement to publish a policy does not need a company to develop a policy. It applies if a company has a written policy in location or if a company has a recognized practice of sharing in a suggestion swimming pool that is consistently used (even if it's not composed down). If the company has an unwritten but recognized, consistently-applied practice in location, the employer must put the policy in writing 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 file is a real copy of the policy that is in place and clearly specifies that the company or a director or investor of the company shares in the idea pool.
Effective, June 21, 2024, employers will also be needed to keep a copy of every ideas sharing policy that is needed to be posted for three years after the policy stops being in result.
Job publishing requirements
On a date to be set by pronouncement of the Lieutenant Governor, utahsyardsale.com changes will enter force that develop brand-new requirements for companies related to publicly marketed task postings.
Temporary aid company and recruiter licensing
Beginning on July 1, 2024 under the Employment Standards Act, 2000 (ESA):
- Temporary help agencies are needed to hold a licence to operate.Clients are prohibited from knowingly engaging or using the services of a short-term aid agency unless the company holds a licence. (Discover more about the relationship between temporary assistance companies and customers.).
- Employers, prospective employers and other recruiters are forbidden from knowingly 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 guideline that will use.
On April 29, 2024, O. Reg. 99/23 - Licensing Temporary Help Agencies and Recruiters was amended. The modifications consist of:
- Adding a surety bond as a new appropriate type of security for all applicants,.
- exempting particular recruiters from the security requirement under specified conditions,.
- altering the application charge and security requirements for entities using both for a temporary aid agency and a recruiter licence.
The ministry's licensing webpage has been updated to show these changes. Please check out that web page for information.