5:00 P.m. in Business’s Office

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

An employee includes an individual who:

– performs work for an employer for earnings

– supplies services to an employer for wages

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

– is a homeworker

– was a staff member

Effective March 21, 2024, a staff member includes a person who performs work during a trial period for an employer, if the skills being evaluated throughout the trial period are skills utilized by the employer’s workers or might be used by employees if there are no other workers. For example, where a company of a restaurant asks a job candidate to work a trial shift waiting tables to demonstrate their ability to perform the job, even where no employment offer has been made to that candidate, the person is a worker under the ESA.

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

– base pay

– overtime pay

– public vacations

– getaway with pay

– notice of termination or termination pay

Under the ESA, employers are not enabled to treat employees covered by the Act as if they are not workers. If a company misclassifies a staff member in this method, a work standards officer can release a notification of contravention that leads to a penalty, a prosecution or both against the employer.

Please note, the ESA provides minimum requirements just. Some staff members might have greater rights under an employment contract, collective agreement, the typical law or other legislation.

Discover more about employee rights under the ESA.

How to inform who is an employee

The relationship between a specific and the service (or person) they are working for determines whether the person is a worker and entitled to protections under the ESA. An individual might be considered a worker under the ESA when a minimum of some of the following describes the relationship:

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

– business chooses:- what the person is to do

– how much the person will be paid

– where and when the work is carried out

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

at 1-800-531-5551

TTY 1-866-567-8893

The Information Centre can assist callers in several languages. They can give general information about who is an employee but can not provide guidance.

If you’re still unsure whether somebody is an employee, please talk with a lawyer.

How to tell who is an independent professional

An independent specialist is somebody who is in service for themselves. An individual might be considered an independent contractor, and not covered by the ESA, when a minimum of some of the following uses:

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

– the person:- has the chance to make an earnings and has a danger of losing cash from the work

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

– decides whether to subcontract a few of the work

Example

Fariah works as a customer care agent for a sales business. She needs to work Monday to Friday from 9:00 a.m. to 5:00 p.m. in the service’s workplace. She uses the business’s telephones and computers. She is paid $25.50 per hour. Her employment agreement does not have an end date, although her employer can fire or discipline her for poor efficiency. Her employment agreement specifies that she is an independent contractor therefore she does not get overtime pay, holiday pay or public holiday pay.

Fariah thinks she may really be an employee and might be entitled to overtime pay, trip pay and public holiday 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 in between Fariah and the sales organization and finds that she is a staff member

It does not matter that Fariah signed the employment agreement mentioning that she is an independent professional due to the fact that the truths show she is a worker.

The employment requirements officer orders the sales company to:

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

– orders the employer to release wage statements and keep records

Employee or independent professional: Common mistaken beliefs

An individual may be considered a worker even if:

– the private and referall.us business agree (orally or in composing) that the person is an independent specialist. It is the relationship between the individual and the organization (or individual) that matters, not the label that is offered to it

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

– submits invoices to business.

– uses their own lorry for work functions.

Volunteers

Volunteers are not staff members under the ESA. However, the fact that someone is called a “volunteer” does not determine whether that individual is an employee and entitled to the defenses of the ESA.

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

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

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

In family-run companies, the question will frequently be whether the individual is offering services in pursuit of a living or in service of the family.

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

The truth that no wages were paid does not necessarily indicate that somebody is a volunteer. The fact that there was some kind of payment does not always imply somebody is an employee. For example, an honorarium may have been paid, rather than wages.