5:00 P.m. in Business’s Office

The Employment Standards Act (ESA) uses to employees.

An employee consists of a person who:

– performs work for an employer for earnings

– materials services to an employer for incomes

– gets training from a company, if the skill in which the individual is being trained is an ability used by the company’s employees

– is a homeworker

– was an employee

Effective March 21, 2024, a staff member includes a person who carries out work during a trial duration for a company, if the skills being evaluated during the trial duration are abilities used by the company’s workers or could be used by employees if there are no other employees. For instance, where an employer of a dining establishment asks a job prospect to work a trial shift waiting tables to demonstrate their ability to perform the task, even where no employment deal has been made to that prospect, the person is a staff member under the ESA.

The ESA does not use to independent professionals, volunteers or other people who are not covered under the ESA. A private thought about a staff member might be entitled to rights such as:

– minimum wage

– overtime pay

– public vacations

– holiday with pay

– notice of termination or termination pay

Under the ESA, companies are not enabled to deal with workers covered by the Act as if they are not staff members. If an employer misclassifies a staff member in this way, an employment standards officer can issue a notice of contravention that results in a charge, a prosecution or job both versus the company.

Please note, the ESA provides minimum standards just. Some workers might have greater rights under an employment agreement, collective arrangement, the typical law or other legislation.

Learn more about staff member rights under the ESA.

How to tell who is a staff member

The relationship between a private and the service (or person) they are working for identifies whether the individual is a staff member and entitled to securities under the ESA. A person might be thought about a staff member under the ESA when at least a few of the following describes the relationship:

– the work the specific performs is a fundamental part of the organization

– the organization chooses:- what the person is to do

– how much the person will be paid

– where and when the work is performed

If you’re unsure who is an employee under the ESA, call the Ministry of Labour, Immigration, Training and Skills Development’s Employment Standards Information Centre at:

– 416-326-7160

– toll-free at 1-800-531-5551

TTY 1-866-567-8893

The Information Centre can help callers in several languages. They can give basic information about who is an employee however can not supply suggestions.

If you’re still unsure whether somebody is a staff member, please speak with a lawyer.

How to tell who is an independent contractor

An independent contractor is somebody who is in company on their own. A person might be thought about an independent contractor, and not covered by the ESA, when a minimum of some of the following uses:

– business can end the person’s agreement for services, but can not discipline the individual

– the individual:- has the chance to earn a profit and has a threat of losing money from the work

– identifies how, when or where the work is performed

– chooses whether to subcontract some of the work

Example

Fariah works as a customer care agent for a sales business. She should work Monday to Friday from 9:00 a.m. to 5:00 p.m. in business’s workplace. She utilizes business’s telephones and computer systems. She is paid $25.50 per hour. Her employment agreement does not have an end date, although her employer can fire or discipline her for bad efficiency. Her employment contract specifies that she is an independent professional and so she does not receive overtime pay, vacation pay or public vacation pay.

Fariah thinks she may really be an employee and might be entitled to overtime pay, getaway pay and public vacation pay. She files a claim with the Ministry of Labour, Immigration, Training and Skills Development.

A work standards officer investigates her claim. The officer takes a look at the relationship in between Fariah and the sales company and finds that she is a worker

It does not matter that Fariah signed the employment agreement stating that she is an independent professional due to the fact that the truths show she is a staff member.

The employment standards officer orders the sales service to:

– pay Fariah the overtime pay, holiday pay and public vacation pay that she was entitled to as a staff member.

– orders the company to release wage declarations and keep records

Employee or independent professional: Common mistaken beliefs

A person may be considered a worker even if:

– the private and the (orally or in writing) that the person is an independent specialist. It is the relationship in between the private and the business (or individual) that matters, not the label that is offered to it

– the individual:- charges the harmonized sales tax (HST).

– sends invoices to the company.

– utilizes their own automobile for work functions.

Volunteers

Volunteers are not workers under the ESA. However, the reality that someone is called a “volunteer” does not figure out whether that individual is an employee and entitled to the securities of the ESA.

The main aspects that determine whether someone is a volunteer or a staff member are just how much:

– the service (or person) advantages from the person’s services.

– the individual views the arrangement as being in pursuit of a living.

In family-run businesses, the question will frequently be whether the individual is supplying services in pursuit of a living or in service of the household.

If the person is offering services to the family, instead of services in pursuit of a living, job that person is most likely to be a volunteer.

The truth that no earnings were paid does not always suggest that someone is a volunteer. The reality that there was some kind of payment does not necessarily indicate someone is a worker. For job example, an honorarium may have been paid, instead of wages.