5:00 P.m. in the Business’s Office

The Employment Standards Act (ESA) uses to staff members.

A worker includes a person who:

– performs work for an employer for earnings

– supplies services to a company for wages

– gets training from an employer, if the ability in which the individual is being trained is an ability utilized by the employer’s workers

– is a homeworker

– was a staff member

Effective March 21, 2024, job an employee includes an individual who carries out work during a trial period for a company, if the abilities being examined throughout the trial period are abilities used by the company’s workers or might be utilized by employees if there are no other staff members. For instance, where an employer of a dining establishment asks a task candidate to work a trial shift waiting tables to show their ability to carry out the job, even where no work deal has actually been made to that prospect, the person is an employee under the ESA.

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

– minimum wage

– overtime pay

– public holidays

– holiday with pay

– notice of termination or termination pay

Under the ESA, employers are not enabled to deal with staff members covered by the Act as if they are not workers. If a company misclassifies a staff member in this way, a work standards officer can provide a notice of conflict that leads to a penalty, a prosecution or both versus the employer.

Please note, the ESA supplies minimum standards just. Some staff members might have greater rights under a work contract, collective contract, the common law or other legislation.

Learn more about staff member rights under the ESA.

How to tell who is a worker

The relationship in between a private and the service (or person) they are working for identifies whether the person is a staff member and entitled to protections under the ESA. A person might be considered a worker under the ESA when a minimum of some of the following describes the relationship:

– the work the specific carries out is an essential part of the service

– the business decides:- what the person is to do

– how much the individual will be paid

– where and when the work is carried out

If you’re uncertain who is a staff member 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 several languages. They can give basic details about who is an employee however can not provide suggestions.

If you’re still uncertain whether somebody is a worker, please talk to an attorney.

How to inform who is an independent specialist

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

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

– the person:- has the chance to earn a profit and job has a risk of losing money from the work

– determines how, when or where the work is performed

– chooses whether to farm out a few of the work

Example

Fariah works as a client service agent for a sales service. She needs to work Monday to Friday from 9:00 a.m. to 5:00 p.m. in the organization’s workplace. She telephones and computers. She is paid $25.50 per hour. Her work contract does not have an end date, although her company can fire or discipline her for bad efficiency. Her work contract states that she is an independent specialist therefore she does not get overtime pay, holiday pay or public vacation pay.

Fariah believes she may in fact be a worker and job might be entitled to overtime pay, trip pay and public vacation pay. She sues with the Ministry of Labour, Immigration, Training and Skills Development.

An employment requirements officer examines her claim. The officer takes a look at the relationship between Fariah and the sales service and discovers that she is a staff member

It does not matter that Fariah signed the employment agreement stating that she is an independent specialist because the realities reveal she is a worker.

The employment requirements officer orders the sales business to:

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

– orders the employer to provide wage statements and keep records

Employee or independent contractor: Common mistaken beliefs

A person might be thought about a staff member even if:

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

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

– submits invoices to the service.

– utilizes their own vehicle for work purposes.

Volunteers

Volunteers are not employees under the ESA. However, the truth that somebody is called a “volunteer” does not figure out whether that person is a worker and entitled to the protections of the ESA.

The primary aspects that figure out whether someone is a volunteer or an employee are how much:

– business (or individual) benefits from the individual’s services.

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

In family-run organizations, the question will often be whether the person is offering services in pursuit of a living or in service of the household.

If the individual is offering services to the family, rather than services in pursuit of a living, that person is more likely to be a volunteer.

The fact that no earnings were paid does not always suggest that someone is a volunteer. The truth that there was some type of payment does not necessarily mean somebody is a worker. For instance, an honorarium might have been paid, instead of salaries.