5:00 P.m. in the Business’s Office

The Employment Standards Act (ESA) uses to employees.

An employee includes an individual who:

– carries out work for a company for salaries

– supplies services to a company for incomes

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

– is a homeworker

– was a worker

Effective March 21, 2024, a staff member consists of a person who carries out work during a trial period for an employer, if the abilities being assessed throughout the trial period are skills utilized by the employer’s staff members or could be used by workers if there are no other workers. For instance, where an employer of a restaurant asks a task prospect to work a trial shift waiting tables to demonstrate their capability to perform the task, even where no employment deal has been made to that candidate, the person is a staff member under the ESA.

The ESA does not apply to independent specialists, volunteers or other individuals who are not covered under the ESA. An individual considered an employee may be entitled to rights such as:

– base pay

– overtime pay

– public vacations

– vacation with pay

– notice of termination or termination pay

Under the ESA, companies are not enabled to deal with workers covered by the Act as if they are not employees. If an employer misclassifies a staff member in this way, an employment requirements officer can release a notification of contravention that leads to a penalty, a prosecution or both against the employer.

Please note, the ESA offers minimum standards just. Some workers may have greater rights under an employment agreement, collective contract, the typical law or other legislation.

Discover more about staff member rights under the ESA.

How to tell who is a staff member

The relationship in between an individual and the organization (or individual) they are working for figures out whether the person is a worker and entitled to defenses under the ESA. An individual might be considered a staff member under the ESA when a minimum of a few of the following describes the relationship:

– the work the specific performs is an essential part of business

– the company decides:- what the person is to do

– how much the individual will be paid

– where and when the work is carried out

If you’re not sure 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 basic info about who is a worker but can not offer advice.

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

How to inform who is an independent professional

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

– the company can end the individual’s contract for services, but can not discipline the individual

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

– determines how, when or where the work is performed

– chooses whether to farm out a few of the work

Example

Fariah works as a client service agent for a sales company. She needs to work Monday to Friday from 9:00 a.m. to 5:00 p.m. in the business’s workplace. She uses the company’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 bad performance. Her employment agreement specifies that she is an independent professional therefore she does not receive overtime pay, trip pay or public holiday pay.

Fariah thinks she might really be an employee and may be entitled to overtime pay, vacation pay and public vacation pay. She sues with the Ministry of Labour, Immigration, Training and Skills Development.

A work requirements officer examines her claim. The officer takes a look at the relationship in between Fariah and the sales company and discovers that she is a staff member

It does not matter that Fariah signed the employment contract specifying that she is an independent contractor referall.us due to the fact that the truths reveal she is a worker.

The employment requirements officer orders the sales company to:

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

– orders the employer to release wage declarations and keep records

Employee or independent contractor: Common misconceptions

An individual may be considered an employee even if:

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

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

– submits invoices to the organization.

– uses their own vehicle for work purposes.

Volunteers

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

The main factors that determine whether somebody is a volunteer or a worker are just how much:

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

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

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

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

The fact that no wages were paid does not necessarily mean that someone is a volunteer. The truth that there was some form of payment does not necessarily imply someone is an employee. For instance, an honorarium may have been paid, instead of earnings.