5:00 P.m. in the Business’s Office

The Employment Standards Act (ESA) uses to employees.

A staff member includes an individual who:

– performs work for a company for incomes

– supplies services to a company for incomes

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

– is a homeworker

– was an employee

Effective March 21, 2024, a staff member consists of a person who performs work during a trial period for an employer, if the skills being assessed during the trial duration are abilities used by the company’s employees or could be utilized by staff members if there are no other staff members. For example, where an employer of a dining establishment asks a job prospect 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 individual is an employee under the ESA.

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

– minimum wage

– overtime pay

– public vacations

– holiday with pay

– notification of termination or termination pay

Under the ESA, employers are not permitted to treat employees covered by the Act as if they are not staff members. If an employer misclassifies an employee in this method, a work standards officer can provide a notification of breach that leads to a penalty, a prosecution or both versus the employer.

Please note, the ESA offers minimum requirements just. Some staff members may have higher rights under an employment agreement, collective agreement, the typical law or other legislation.

Discover more about worker rights under the ESA.

How to inform who is an employee

The relationship in between a specific and business (or individual) they are working for determines whether the individual is a staff member and employment entitled to defenses under the ESA. An individual 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 vital part of the business

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

– just how much the individual will be paid

– where and when the work is performed

If you’re unsure who is a worker 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 provide basic information about who is an employee but can not offer recommendations.

If you’re still unsure whether somebody is a worker, employment please talk with a lawyer.

How to tell who is an independent professional

An independent contractor is somebody who is in organization on their own. An individual may be thought about an independent contractor, and not covered by the ESA, when at least some of the following uses:

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

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

– identifies how, when or where the work is performed

– chooses whether to farm out some of the work

Example

Fariah works as a client service agent for a sales organization. She should work Monday to Friday from 9:00 a.m. to 5:00 p.m. in the organization’s workplace. She utilizes the service’s telephones and computers. She is paid $25.50 per hour. Her employment agreement does not have an end date, employment although her employer can fire or discipline her for bad performance. Her work agreement specifies that she is an independent specialist and so she does not receive overtime pay, getaway pay or public vacation pay.

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

An employment standards officer investigates her claim. The officer looks at the relationship in between Fariah and the sales business and finds that she is a staff member

It does not matter that Fariah signed the employment agreement specifying that she is an independent specialist due to the fact that the facts reveal she is a staff member.

The employment standards officer orders the sales company to:

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

– orders the employer to provide wage declarations and keep records

Employee or independent specialist: Common misconceptions

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

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

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

– submits invoices to business.

– utilizes their own automobile for work functions.

Volunteers

Volunteers are not workers under the ESA. However, the truth that somebody is called a “volunteer” does not identify whether that person is a staff member and entitled to the securities of the ESA.

The that determine whether someone is a volunteer or an employee are how much:

– the organization (or individual) gain from the individual’s services.

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

In family-run services, the concern will often be whether the individual is providing services in pursuit of a living or employment in service of the household.

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

The fact that no salaries were paid does not always indicate that somebody is a volunteer. The fact that there was some form of payment does not necessarily suggest someone is a staff member. For example, an honorarium may have been paid, rather than wages.