5:00 P.m. in the Business’s Office

The Employment Standards Act (ESA) uses to workers.

A staff member includes an individual who:

– carries out work for an employer for earnings

– supplies services to a company for wages

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

– is a homeworker

– was a staff member

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

The ESA does not use to independent contractors, volunteers or other people who are not covered under the ESA. A specific considered a worker might be entitled to rights such as:

– minimum wage

– overtime pay

– public vacations

– getaway with pay

– notice of termination or termination pay

Under the ESA, employers are not enabled to deal with employees covered by the Act as if they are not staff members. If an employer misclassifies a worker in this way, an employment requirements officer can provide a notice of breach that leads to a penalty, a prosecution or both against the company.

Please note, job the ESA supplies minimum requirements just. Some staff members may have greater rights under an employment agreement, collective arrangement, the common law or other legislation.

Find out more about employee rights under the ESA.

How to tell who is a worker

The relationship in between a private and business (or person) they are working for identifies whether the person is a worker and entitled to defenses under the ESA. A person may be considered an employee under the ESA when a minimum of some of the following describes the relationship:

– the work the individual carries out is an important 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 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 help callers in several languages. They can give basic details about who is a worker however can not offer recommendations.

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

How to inform who is an independent professional

An independent professional is somebody 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 a few of the following uses:

– business 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 threat of losing cash from the work

– figures out how, when or where the work is performed

– decides whether to farm out some of the work

Example

Fariah works as a customer care agent for a sales company. She must work Monday to Friday from 9:00 a.m. to 5:00 p.m. in business’s workplace. She utilizes 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 bad performance. Her employment agreement mentions that she is an independent professional and so she does not receive overtime pay, vacation pay or public vacation pay.

Fariah believes she might actually be a worker and may be entitled to overtime pay, holiday pay and job public vacation pay. She sues with the Ministry of Labour, Immigration, Training and Skills Development.

A work requirements officer investigates her claim. The officer takes a look at the relationship in between Fariah and the sales organization and finds that she is a worker

It does not matter that Fariah signed the work agreement mentioning that she is an independent professional since the truths show she is a staff member.

The employment requirements officer orders the sales service to:

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

– orders the company to provide wage declarations and keep records

Employee or independent professional: job Common misunderstandings

A person might be considered an employee even if:

– the individual and business agree (orally or in composing) that the individual is an independent professional. 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 invoices to business.

– uses their own vehicle for work purposes.

Volunteers

Volunteers are not staff members under the ESA. However, the fact that somebody is called a “volunteer” does not figure out whether that person is a staff member and entitled to the defenses of the ESA.

The main aspects that identify whether somebody is a volunteer or a staff member are how much:

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

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

In family-run companies, the concern 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, instead of services in pursuit of a living, that individual is more likely to be a volunteer.

The reality that no earnings were paid does not always imply that someone is a volunteer. The reality that there was some form of payment does not always indicate someone is an employee. For instance, an honorarium might have been paid, instead of wages.