5:00 P.m. in the Business’s Office

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

A worker includes a person who:

– carries out work for a company for wages

– products services to an employer for salaries

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

– is a homeworker

– was an employee

Effective March 21, 2024, employment an employee consists of an individual who performs work throughout a trial duration for a company, if the skills being evaluated throughout the trial period are abilities used by the employer’s employees or could be utilized by employees if there are no other employees. For instance, where an employer of a restaurant asks a job prospect to work a trial shift waiting tables to demonstrate their ability to perform the job, even where no work deal has been made to that prospect, the individual is a worker under the ESA.

The ESA does not use to independent specialists, volunteers or other people who are not covered under the ESA. A private thought about an employee may be entitled to rights such as:

– base pay

– overtime pay

– public holidays

– holiday with pay

– notice of termination or termination pay

Under the ESA, companies are not permitted to treat employees covered by the Act as if they are not staff members. If a company misclassifies a worker in this method, an employment requirements officer can issue a notification of contravention that leads to a penalty, a prosecution or both versus the company.

Please note, the ESA supplies minimum standards only. Some employees might have greater rights under an employment agreement, collective contract, employment the common 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 a specific and the business (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 thought about a worker under the ESA when at least some of the following describes the relationship:

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

– business decides:- what the individual is to do

– how much the person will be paid

– where and when the work is performed

If you’re uncertain 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 several languages. They can give basic info about who is a worker but can not provide suggestions.

If you’re still uncertain whether somebody is an employee, please speak to a legal representative.

How to inform who is an independent specialist

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

– the organization can end the person’s agreement for services, but can not discipline the individual

– the individual:- has the chance to earn a profit and has a risk of losing money 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 service representative for a sales organization. She needs to work Monday to Friday from 9:00 a.m. to 5:00 p.m. in the organization’s workplace. She utilizes the business’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 poor performance. Her work contract mentions that she is an independent contractor therefore she does not get overtime pay, holiday pay or public holiday pay.

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

An employment requirements officer examines her claim. The officer looks at the relationship between Fariah and the sales organization and discovers that she is a staff member

It does not matter that Fariah signed the employment agreement mentioning that she is an independent contractor due to the fact that the realities reveal she is a staff member.

The employment 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 issue wage declarations and keep records

Employee or independent specialist: Common mistaken beliefs

A person may be considered an employee even if:

– the private and the company concur (orally or in writing) that the individual 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 person:- charges the balanced sales tax (HST).

– submits billings to business.

– utilizes their own lorry for work purposes.

Volunteers

Volunteers are not workers under the ESA. However, the fact that someone is called a “volunteer” does not identify whether that person is an employee and entitled to the securities of the ESA.

The main aspects that figure out whether somebody is a volunteer or an employee are how much:

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

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

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

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

The fact that no incomes were paid does not necessarily indicate that somebody is a volunteer. The truth that there was some form of payment does not necessarily imply someone is a staff member. For instance, an honorarium may have been paid, rather than wages.