5:00 P.m. in Business’s Office

The Employment Standards Act (ESA) uses to workers.

A staff member consists of an individual who:

– carries out work for an employer for salaries

– supplies services to an employer for wages

– receives training from an employer, if the skill in which the person is being trained is an ability used by the employer’s staff members

– is a homeworker

– was a staff member

Effective March 21, 2024, a worker consists of a person who carries out work throughout a trial period for a company, if the abilities being assessed throughout the trial period are skills used by the company’s workers or might be utilized by workers if there are no other employees. For example, where a company of a dining establishment asks a job prospect to work a trial shift waiting tables to demonstrate their capability to perform the job, even where no employment deal has been made to that prospect, the person is a worker under the ESA.

The ESA does not apply to independent professionals, employment volunteers or other individuals who are not covered under the ESA. An individual considered a staff member may be entitled to rights such as:

– minimum wage

– overtime pay

– public holidays

– vacation with pay

– notification of termination or employment termination pay

Under the ESA, companies are not allowed to deal with workers covered by the Act as if they are not employees. If a company misclassifies an employee in this way, an employment standards officer can issue a notification of contravention that leads to a charge, a prosecution or both versus the company.

Please note, the ESA supplies minimum standards only. Some employees might have higher rights under a work agreement, collective contract, the common law or employment other legislation.

Find out more about staff member rights under the ESA.

How to tell who is a worker

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

– the work the individual carries out is a fundamental part of the organization

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

– just how much the person will be paid

– where and when the work is performed

If you’re unsure 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 multiple languages. They can provide basic info about who is a staff member however can not supply suggestions.

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

How to inform who is an independent contractor

An independent specialist is somebody who stays in business on their own. A person might be considered an independent specialist, and not covered by the ESA, when a minimum of some of the following applies:

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

– the individual:- has the chance to earn 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 some of the work

Example

Fariah works as a client service representative for a sales service. She should 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 contract does not have an end date, although her employer can fire or discipline her for poor performance. Her employment agreement mentions that she is an independent contractor and so she does not receive overtime pay, holiday pay or public holiday pay.

Fariah thinks she may really be an employee and may be entitled to overtime pay, getaway pay and public vacation 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 between Fariah and the sales business and discovers that she is a worker

It does not matter that Fariah signed the work agreement mentioning that she is an independent specialist due to the fact that the realities show she is an employee.

The work requirements officer orders the sales company to:

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

– orders the employer to release wage statements and keep records

Employee or independent contractor: Common misunderstandings

An individual may be thought about an employee even if:

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

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

– sends billings to business.

– utilizes their own automobile for work purposes.

Volunteers

Volunteers are not staff members under the ESA. However, the reality that somebody is called a “volunteer” does not identify whether that person is a worker and employment entitled to the securities of the ESA.

The main aspects that identify whether somebody is a volunteer or a worker are just how much:

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

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

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

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

The fact that no were paid does not always indicate that someone is a volunteer. The truth that there was some type of payment does not always mean someone is an employee. For employment instance, an honorarium may have been paid, rather than wages.