5:00 P.m. in Business’s Office

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

A worker consists of a person who:

– carries out work for employment a company for incomes

– supplies services to an employer for earnings

– receives training from a company, if the ability in which the individual is being trained is a skill used by the company’s staff members

– is a homeworker

– was an employee

Effective March 21, employment 2024, a staff member includes an individual who performs work throughout a trial duration for a company, if the abilities being examined during the trial period are skills used by the employer’s staff members or could be utilized by employees if there are no other workers. For instance, where an employer of a dining establishment asks a job prospect to work a trial shift waiting tables to demonstrate their ability to carry out the job, even where no work deal has been made to that prospect, the person is an employee under the ESA.

The ESA does not use to independent professionals, volunteers or other people who are not covered under the ESA. A specific considered an employee may 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 workers. If an employer misclassifies a staff member in this way, a work standards officer can issue a notification of conflict that results in a penalty, a prosecution or both versus the employer.

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

Learn more about employee rights under the ESA.

How to inform who is an employee

The relationship between an individual and the service (or individual) they are working for identifies whether the individual is a staff member 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 private performs is a vital part of business

– business chooses:- what the person is to do

– just how much the individual will be paid

– where and when the work is carried out

If you’re not sure 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 help callers in numerous languages. They can offer basic info about who is an employee however can not offer recommendations.

If you’re still uncertain whether someone is an employee, employment please talk to a legal representative.

How to inform who is an independent professional

An independent specialist is someone who stays in business for themselves. An individual might be considered an independent professional, and not covered by the ESA, when a minimum of a few of the following applies:

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

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

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

– decides whether to subcontract a few of the work

Example

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

Fariah thinks she may in fact be a staff member and might be entitled to overtime pay, holiday pay and public vacation pay. She files a claim with the Ministry of Labour, Immigration, Training and Skills Development.

A work requirements officer investigates her claim. The officer looks at the relationship between Fariah and the sales business and discovers that she is a staff member

It does not matter that Fariah signed the work agreement specifying that she is an independent professional since the facts reveal she is a staff member.

The work requirements officer orders the sales service to:

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

– orders the company to release wage declarations and keep records

Employee or independent specialist: Common mistaken beliefs

A person might be thought about an employee even if:

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

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

– sends billings to the organization.

– utilizes their own lorry for employment work purposes.

Volunteers

Volunteers are not workers under the ESA. However, the reality that somebody is called a “volunteer” does not determine whether that person is a staff member and entitled to the defenses of the ESA.

The primary factors that determine whether someone is a volunteer or a worker are just how much:

– the business (or person) benefits from 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 offering services in pursuit of a living or in service of the family.

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

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