5:00 P.m. in Business’s Office

The Employment Standards Act (ESA) uses to workers.

An employee consists of an individual who:

– performs work for a company for earnings

– materials services to a company for wages

– gets training from an employer, if the skill in which the person is being trained is a skill utilized by the company’s staff members

– is a homeworker

– was an employee

Effective March 21, 2024, employment a staff member consists of an individual who performs work throughout a trial duration for an employer, if the skills being assessed during the trial period are skills utilized by the employer’s staff members or could be utilized by staff members if there are no other workers. For example, where a company of a restaurant asks a task prospect to work a trial shift waiting tables to show their ability to carry out the job, even where no work offer has been made to that prospect, the person is a staff member under the ESA.

The ESA does not apply to independent contractors, or other individuals who are not covered under the ESA. A specific considered a worker may be entitled to rights such as:

– base pay

– overtime pay

– public vacations

– vacation with pay

– notification of termination or termination pay

Under the ESA, employers are not enabled to treat workers covered by the Act as if they are not employees. If a company misclassifies an employee in this way, an employment standards officer can release a notice of contravention that leads to a charge, a prosecution or both against the employer.

Please note, the ESA supplies minimum standards just. Some staff members may have greater rights under an employment agreement, collective contract, the common law or other legislation.

Find out more about employee rights under the ESA.

How to tell who is a staff member

The relationship in between a private and business (or individual) they are working for identifies whether the individual is a staff member and entitled to securities under the ESA. A person might be considered an employee under the ESA when a minimum of some of the following explains the relationship:

– the work the private performs is a fundamental part of business

– business chooses:- what the individual is to do

– how much the individual will be paid

– where and when the work is performed

If you’re not sure 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 assist callers in numerous languages. They can give general details about who is a staff member but can not offer advice.

If you’re still not sure whether someone is an employee, please talk to an attorney.

How to inform who is an independent professional

An independent specialist is someone who is in business for themselves. A person might be considered an independent contractor, and not covered by the ESA, when at least a few of the following applies:

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

– the person:- has the chance to make a revenue and has a danger of losing money from the work

– determines how, when or where the work is performed

– decides whether to farm out a few of the work

Example

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

Fariah believes she might actually be a staff member and may be entitled to overtime pay, getaway pay and public vacation pay. She submits a claim with the Ministry of Labour, Immigration, Training and Skills Development.

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

It does not matter that Fariah signed the employment agreement mentioning that she is an independent professional because the facts reveal she is a worker.

The work standards officer orders the sales service to:

– pay Fariah the overtime pay, trip pay and public holiday pay that she was entitled to as a worker.

– orders the employer to release wage statements and keep records

Employee or independent professional: Common mistaken beliefs

A person may be thought about a worker even if:

– the private and the company agree (orally or in composing) that the person is an independent professional. It is the relationship in between the individual and the business (or employment person) that matters, not the label that is offered to it

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

– submits invoices to business.

– utilizes their own lorry for work functions.

Volunteers

Volunteers are not workers under the ESA. However, the truth that someone is called a « volunteer » does not determine whether that individual is an employee and entitled to the securities of the ESA.

The main factors that determine whether somebody is a volunteer or a staff member are how much:

– business (or person) take advantage of the person’s services.

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

In family-run companies, 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 providing services to the household, instead of services in pursuit of a living, that person is most likely to be a volunteer.

The reality that no earnings were paid does not always mean that somebody is a volunteer. The fact that there was some kind of payment does not necessarily suggest somebody is an employee. For instance, an honorarium may have been paid, instead of salaries.