5:00 P.m. in Business’s Office

The Employment Standards Act (ESA) uses to workers.

A worker includes an individual who:

– carries out work for a company for wages

– supplies services to an employer for salaries

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

– is a homeworker

– was a worker

Effective March 21, 2024, a staff member consists of a person who carries out work throughout a trial duration for an employer, if the abilities being examined during the trial duration are abilities used by the company’s workers or could be used by workers if there are no other staff members. 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 perform the job, even where no employment offer has actually been made to that prospect, the individual is a staff member under the ESA.

The ESA does not use to independent specialists, volunteers or other people who are not covered under the ESA. A specific considered an employee may be entitled to rights such as:

– base pay

– overtime pay

– public holidays

– vacation 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 a worker in this method, a work standards officer can issue a notification of contravention that results in a penalty, a prosecution or both against the employer.

Please note, the ESA offers minimum requirements only. Some staff members might have greater rights under an employment agreement, cumulative arrangement, the common law or other legislation.

Find out more about worker rights under the ESA.

How to inform who is a staff member

The relationship in between a private and the organization (or person) they are working for figures out whether the individual is a staff member and entitled to protections under the ESA. A person might be considered an employee under the ESA when at least some of the following explains the relationship:

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

– the chooses:- what the person is to do

– just how much the person will be paid

– where and when the work is performed

If you’re unsure who is an employee 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 multiple languages. They can give general details about who is a staff member however can not provide guidance.

If you’re still not sure whether someone is an employee, please speak to a legal representative.

How to inform who is an independent professional

An independent contractor is someone who stays in business for themselves. An individual may be thought about an independent specialist, and not covered by the ESA, when at least some of the following applies:

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

– the person:- has the opportunity to earn a profit and has a danger of losing money 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 customer support agent for a sales company. She needs to work Monday to Friday from 9:00 a.m. to 5:00 p.m. in the organization’s office. She uses the company’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 efficiency. Her work agreement mentions that she is an independent contractor therefore she does not receive overtime pay, trip pay or public vacation pay.

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

An employment standards officer examines her claim. The officer takes a look at the relationship in between Fariah and the sales organization and referall.us discovers that she is a staff member

It does not matter that Fariah signed the employment agreement specifying that she is an independent specialist because the realities reveal she is an employee.

The employment requirements officer orders the sales service to:

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

– orders the employer to provide wage statements and keep records

Employee or independent specialist: Common misconceptions

An individual might be thought about a worker even if:

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

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

– sends invoices to the company.

– utilizes their own lorry for work functions.

Volunteers

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

The primary aspects that determine whether somebody is a volunteer or a worker are how much:

– the business (or individual) take advantage of the person’s services.

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

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

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

The reality that no wages were paid does not always indicate that somebody is a volunteer. The truth that there was some type of payment does not always suggest somebody is a worker. For instance, an honorarium may have been paid, instead of earnings.