5:00 P.m. in the Business’s Office

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

A worker consists of a person who:

– performs work for a company for wages

– materials services to a company for incomes

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

– is a homeworker

– was a staff member

Effective March 21, 2024, a staff member includes a person who carries out work during a trial period for an employer, if the skills being examined during the trial period are skills used by the company’s workers or could be used by staff members if there are no other employees. For instance, where an employer of a dining establishment asks a job prospect to work a trial shift waiting tables to demonstrate their capability to carry out the task, even where no employment offer has been made to that prospect, 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 considered a staff member might be entitled to rights such as:

– minimum wage

– overtime pay

– public holidays

– vacation with pay

– notification of termination or termination pay

Under the ESA, employers are not permitted to treat workers covered by the Act as if they are not staff members. If a company misclassifies an employee in this method, a work requirements officer can provide a notice of contravention that results in a charge, a prosecution or both versus the employer.

Please note, the ESA provides minimum requirements just. Some workers might have higher rights under a work agreement, collective arrangement, the common law or employment other legislation.

Find out more about staff member rights under the ESA.

How to tell who is a staff member

The relationship in between a private and 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 thought about a worker under the ESA when at least some of the following explains the relationship:

– the work the specific carries out is a vital part of the service

– business decides:- what the individual is to do

– how much the person will be paid

– where and employment when the work is carried out

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 multiple languages. They can offer general information about who is an employee however can not offer guidance.

If you’re still uncertain whether somebody is an employee, please talk with an attorney.

How to inform who is an independent specialist

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

– the service can end the person’s agreement for services, however can not discipline the individual

– the person:- has the opportunity to make a profit and has a threat of losing money from the work

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

– decides whether to farm out a few of the work

Example

Fariah works as a customer support agent for a sales business. She should work Monday to Friday from 9:00 a.m. to 5:00 p.m. in the business’s office. She utilizes the service’s telephones and computers. She is paid $25.50 per hour. Her work contract does not have an end date, although her company can fire or discipline her for bad efficiency. Her employment contract specifies that she is an independent professional and so she does not receive overtime pay, trip pay or public holiday pay.

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

An employment requirements officer investigates her claim. The officer takes a look at the relationship in between Fariah and employment the sales company and discovers that she is an employee

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

The work standards officer orders the sales service to:

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

– orders the company to release wage statements and keep records

Employee or independent professional: Common misunderstandings

A person might be thought about a worker even if:

– the specific and the company concur (orally or in composing) that the person is an independent specialist. 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 harmonized sales tax (HST).

– sends billings to business.

– utilizes their own lorry for work functions.

Volunteers

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

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

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

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

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

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

The truth that no earnings were paid does not necessarily mean that somebody is a volunteer. The truth that there was some form of payment does not always indicate somebody is a staff member. For instance, an honorarium might have been paid, employment instead of salaries.