5:00 P.m. in the Business’s Office

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

An employee includes an individual who:

– carries out work for an employer for earnings

– supplies services to an employer for incomes

– receives training from a company, if the ability in which the individual is being trained is an ability used by the company’s staff members

– is a homeworker

– was a staff member

Effective March 21, 2024, a staff member consists of an individual who performs work during a trial duration for an employer, if the abilities being evaluated during the trial duration are abilities utilized by the company’s workers or might be used by workers if there are no other workers. For instance, where a company of a dining establishment asks a task candidate to work a trial shift waiting tables to show their ability to carry out the task, even where no employment deal has been made to that candidate, the person is a worker under the ESA.

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

– minimum wage

– overtime pay

– public holidays

– vacation with pay

– notice of termination or termination pay

Under the ESA, employment companies are not permitted to deal with employees covered by the Act as if they are not workers. If an employer misclassifies a worker in this way, an employment standards officer can release a notice of conflict that results in a penalty, a prosecution or both against the company.

Please note, the ESA provides minimum requirements just. Some employees might have higher rights under a work contract, collective agreement, the common law or other legislation.

Learn more about employee rights under the ESA.

How to inform who is a worker

The relationship between a private and the organization (or individual) they are working for determines whether the person is an employee and entitled to defenses under the ESA. A person may be thought about a staff member under the ESA when a minimum of some of the following explains the relationship:

– the work the individual carries out is a vital part of business

– business chooses:- what the individual is to do

– just how much the individual will be paid

– where and employment 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 help callers in several languages. They can offer general information about who is an employee but can not offer recommendations.

If you’re still unsure whether someone is a staff member, please talk to a lawyer.

How to tell who is an independent professional

An independent specialist is someone who is in service on their own. A person might be thought about an independent contractor, and not covered by the ESA, when at least some of the following applies:

– the organization can end the person’s agreement for services, however can not discipline the person

– the person:- has the opportunity to make a revenue and has a risk of losing cash from the work

– identifies 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 representative for a sales company. She needs to work Monday to Friday from 9:00 a.m. to 5:00 p.m. in business’s workplace. She uses business’s telephones and computers. 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 poor efficiency. Her work contract specifies that she is an independent specialist and so she does not get overtime pay, trip pay or public vacation pay.

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

An employment requirements officer investigates her claim. The officer takes a look at the relationship between Fariah and the sales company and finds that she is an employee

It does not matter that Fariah signed the employment agreement mentioning that she is an independent contractor since the truths show she is a worker.

The employment standards officer orders the sales service to:

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

– orders the company to issue wage statements and employment keep records

Employee or independent specialist: Common mistaken beliefs

An individual may be considered an employee even if:

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

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

– submits invoices to the company.

– uses their own automobile for work functions.

Volunteers

Volunteers are not employees under the ESA. However, the truth that somebody is called a “volunteer” does not determine whether that person is an employee and entitled to the defenses of the ESA.

The primary aspects that identify whether somebody is a volunteer or a staff member are just how much:

– business (or person) gain from the person’s services.

– the private views the plan as remaining in pursuit of a living.

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

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

The truth that no wages were paid does not necessarily imply that somebody is a volunteer. The truth that there was some type of payment does not necessarily indicate someone is a worker. For instance, an honorarium might have been paid, rather than wages.