5:00 P.m. in Business’s Office

The Employment Standards Act (ESA) applies to workers.

A staff member includes an individual who:

– performs work for an employer for wages

– materials services to an employer for salaries

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

– is a homeworker

– was a staff member

Effective March 21, 2024, a staff member includes an individual who performs work throughout a trial duration for a company, if the skills being evaluated throughout the trial period are abilities used by the employer’s employees or could be used by employees if there are no other employees. For instance, where an employer of a restaurant asks a job candidate to work a trial shift waiting tables to show their capability to carry out the task, even where no work deal has actually been made to that candidate, the individual is a worker under the ESA.

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

– minimum wage

– overtime pay

– public holidays

– vacation 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 a company misclassifies an employee in this method, a work standards officer can provide a notification of conflict that leads to a charge, a prosecution or both against the employer.

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

Find out more about employee rights under the ESA.

How to tell who is an employee

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

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

– business decides:- what the person is to do

– 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 numerous languages. They can provide general information about who is an employee however can not supply advice.

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

How to tell who is an independent contractor

An independent contractor is someone who is in business for themselves. A person may be considered an independent contractor, and not covered by the ESA, when at least a few of the following uses:

– the service can end the person’s contract for services, but can not discipline the person

– the individual:- has the opportunity to make an earnings and has a risk of losing cash from the work

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

– chooses whether to subcontract a few of the work

Example

Fariah works as a consumer service agent for a sales service. She must work Monday to Friday from 9:00 a.m. to 5:00 p.m. in business’s office. She utilizes the organization’s telephones and computer systems. She is paid $25.50 per hour. Her employment agreement does not have an end date, although her company can fire or discipline her for poor performance. Her employment agreement states that she is an independent specialist and so she does not get overtime pay, vacation pay or public vacation pay.

Fariah believes she may really be a worker and might be entitled to overtime pay, employment holiday pay and public holiday pay. She sues with the Ministry of Labour, Immigration, Training and Skills Development.

A work requirements officer investigates her claim. The officer looks at the relationship in between Fariah and the sales company and finds that she is an employee

It does not matter that Fariah signed the work contract specifying that she is an independent professional since the truths show she is a staff member.

The employment requirements officer orders the sales organization to:

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

– orders the employer to issue wage statements and keep records

Employee or independent professional: Common misunderstandings

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

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

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

– submits invoices to the business.

– uses their own lorry for work purposes.

Volunteers

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

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

– business (or person) advantages from the individual’s services.

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

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

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

The reality that no incomes were paid does not necessarily mean that somebody is a volunteer. The fact that there was some form of payment does not necessarily suggest someone is an employee. For example, an honorarium might have been paid, rather than .