5:00 P.m. in the Business’s Office

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

An employee includes an individual who:

– performs work for an employer for incomes

– materials services to a company for wages

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

– is a homeworker

– was a worker

Effective March 21, 2024, an employee includes a person who carries out work throughout a trial duration for an employer, if the skills being examined throughout the trial period are skills utilized by the company’s employees or could be utilized by workers if there are no other employees. For example, where a company of a restaurant asks a task candidate to work a trial shift waiting tables to show their capability to perform the task, even where no employment offer has actually been made to that candidate, the person is a worker under the ESA.

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

– base pay

– overtime pay

– public vacations

– getaway with pay

– notice of termination or termination pay

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

Please note, the ESA offers minimum standards only. Some workers might have higher rights under a work agreement, collective arrangement, the typical law or other legislation.

Find out more about employee rights under the ESA.

How to inform who is a worker

The relationship in between an individual and the service (or person) they are working for identifies whether the individual is a staff member and employment entitled to securities under the ESA. An individual might be thought about an employee under the ESA when a minimum of some of the following describes the relationship:

– the work the out is a vital part of business

– business decides:- what the individual is to do

– how much the individual will be paid

– where and when the work is carried out

If you’re not sure 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 numerous languages. They can give general details about who is a worker however can not supply suggestions.

If you’re still uncertain whether someone is a staff member, please speak with a legal representative.

How to tell who is an independent contractor

An independent contractor is someone who is in organization for themselves. An individual might be thought about an independent professional, and not covered by the ESA, when at least a few of the following applies:

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

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

– determines how, when or where the work is performed

– decides whether to subcontract a few of the work

Example

Fariah works as a client service representative for a sales business. She needs to work Monday to Friday from 9:00 a.m. to 5:00 p.m. in the organization’s office. She uses business’s telephones and computers. She is paid $25.50 per hour. Her employment agreement does not have an end date, employment although her company can fire or discipline her for employment bad performance. Her employment contract mentions that she is an independent professional and so she does not receive overtime pay, getaway pay or public holiday pay.

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

A work requirements officer examines her claim. The officer takes a look at the relationship between Fariah and the sales company and discovers that she is a staff member

It does not matter that Fariah signed the employment agreement specifying that she is an independent contractor because the truths show she is an employee.

The employment standards officer orders the sales service to:

– pay Fariah the overtime pay, getaway pay and public holiday pay that she was entitled to as an employee.

– orders the employer to provide wage statements and keep records

Employee or independent specialist: Common misunderstandings

An individual may be thought about a staff member even if:

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

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

– submits invoices to business.

– utilizes their own lorry for work functions.

Volunteers

Volunteers are not staff members under the ESA. However, the truth 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 primary aspects that identify whether someone is a volunteer or a worker are just how much:

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

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

In family-run businesses, the concern will often be whether the individual is offering services in pursuit of a living or 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 earnings were paid does not always indicate that someone is a volunteer. The reality that there was some type of payment does not necessarily imply somebody is an employee. For example, an honorarium might have been paid, rather than salaries.