5:00 P.m. in the Business’s Office

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

An employee includes a person who:

– carries out work for an employer for incomes

– products services to a company for wages

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

– is a homeworker

– was a staff member

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 examined during the trial period are skills utilized by the employer’s staff members or might be used by workers if there are no other staff members. For example, where a company of a restaurant asks a job candidate to work a trial shift waiting tables to show their ability to carry out the task, even where no work deal has actually been made to that prospect, the individual is a staff member under the ESA.

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

– base pay

– overtime pay

– public holidays

– trip with pay

– notification of termination or employment termination pay

Under the ESA, employment employers are not permitted to treat employees covered by the Act as if they are not workers. If an employer misclassifies a staff member in this way, an employment requirements officer can issue a notice of contravention that results in a charge, a prosecution or both against the company.

Please note, the ESA offers minimum standards only. Some staff members might have greater rights under an employment contract, collective arrangement, the typical law or other legislation.

Discover more about employee rights under the ESA.

How to inform who is a worker

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

– the work the individual performs is a crucial part of the organization

– business decides:- 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 numerous languages. They can give basic details about who is an employee but can not provide recommendations.

If you’re still not sure whether somebody is a staff member, please talk with a legal representative.

How to tell who is an independent specialist

An independent contractor is somebody who stays in business for themselves. A person might be thought about an independent professional, and not covered by the ESA, when a minimum of some of the following uses:

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

– the individual:- has the chance to earn a profit and has a danger of losing money from the work

– figures out how, when or where the work is performed

– decides whether to farm out a few of the work

Example

Fariah works as a client service representative for a sales organization. She should work Monday to Friday from 9:00 a.m. to 5:00 p.m. in the service’s office. She utilizes business’s telephones and computer . 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 performance. Her employment contract mentions that she is an independent professional and so she does not receive overtime pay, holiday pay or public vacation pay.

Fariah thinks she may really be an employee and may be entitled to overtime pay, employment holiday pay and public holiday pay. She files 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 a worker

It does not matter that Fariah signed the work contract specifying that she is an independent specialist due to the fact that the realities reveal she is a worker.

The work requirements officer orders the sales organization to:

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

– orders the company to issue wage declarations and keep records

Employee or independent contractor: Common misunderstandings

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

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

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

– sends invoices to business.

– utilizes their own vehicle for work purposes.

Volunteers

Volunteers are not workers under the ESA. However, employment the fact that somebody is called a “volunteer” does not figure out whether that individual is a worker and entitled to the securities of the ESA.

The primary elements that figure out whether somebody is a volunteer or an employee are how much:

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

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

In family-run services, the concern will frequently be whether the person is supplying services in pursuit of a living or in service of the family.

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

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