5:00 P.m. in Business’s Office

The Employment Standards Act (ESA) applies to workers.

A staff member consists of an individual who:

– carries out work for a company for earnings

– products services to a for incomes

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

– is a homeworker

– was a staff member

Effective March 21, 2024, an employee consists of a person who carries out work throughout a trial duration for an employer, if the skills being assessed throughout the trial duration are abilities used by the company’s workers or employment might be utilized by employees if there are no other workers. For example, where a company of a dining establishment asks a job candidate to work a trial shift waiting tables to demonstrate their ability to carry out the task, even where no employment offer has been made to that candidate, the person is a staff member under the ESA.

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

– base pay

– overtime pay

– public vacations

– getaway with pay

– notification of termination or termination pay

Under the ESA, companies are not allowed to deal with employees covered by the Act as if they are not staff members. If a company misclassifies a staff member in this method, an employment requirements officer can provide a notification of contravention that leads to a penalty, a prosecution or both against the employer.

Please note, the ESA supplies minimum standards just. Some staff members might have greater rights under an employment agreement, cumulative agreement, the typical law or other legislation.

Learn more about staff member rights under the ESA.

How to tell who is a staff member

The relationship between an individual and the service (or individual) they are working for determines whether the individual is a worker and entitled to defenses under the ESA. An individual may be considered an employee under the ESA when a minimum of a few of the following describes the relationship:

– the work the specific performs is an essential part of business

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

– just how much the individual will be paid

– where and when the work is performed

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 help callers in numerous languages. They can provide general information about who is a worker however can not offer recommendations.

If you’re still unsure whether somebody is a worker, please speak with an attorney.

How to tell who is an independent contractor

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

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

– the individual:- has the chance to make a profit and has a risk of losing cash from the work

– determines how, when or where the work is carried out

– chooses whether to subcontract a few of the work

Example

Fariah works as a customer support agent for a sales organization. She must work Monday to Friday from 9:00 a.m. to 5:00 p.m. in business’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, although her employer can fire or discipline her for bad performance. Her work agreement mentions that she is an independent specialist therefore she does not get overtime pay, trip pay or public vacation pay.

Fariah believes she might actually be an employee and employment might be entitled to overtime pay, vacation pay and public holiday pay. She sues with the Ministry of Labour, Immigration, Training and Skills Development.

A work standards officer examines her claim. The officer looks at the relationship in between Fariah and the sales organization and discovers that she is a staff member

It does not matter that Fariah signed the work contract mentioning that she is an independent contractor due to the fact that the facts reveal she is a worker.

The work standards officer orders the sales organization to:

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

– orders the employer to issue wage statements and keep records

Employee or independent specialist: Common mistaken beliefs

A person may be considered a staff member even if:

– the specific and the business concur (orally or in writing) that the individual is an independent professional. It is the relationship in between the individual and the service (or employment individual) that matters, not the label that is given to it

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

– submits invoices to business.

– uses their own lorry for work purposes.

Volunteers

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

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

– the organization (or person) benefits from the person’s services.

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

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

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

The reality that no earnings were paid does not necessarily imply that somebody is a volunteer. The truth that there was some kind of payment does not always mean someone is a staff member. For employment instance, an honorarium might have been paid, rather than earnings.