5:00 P.m. in the Business’s Office

The Employment Standards Act (ESA) applies to workers.

A worker consists of an individual who:

– performs work for a company for wages

– supplies services to a company for earnings

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

– is a homeworker

– was a staff member

Effective March 21, 2024, an employee consists of an individual who performs work during a trial duration for an employer, if the skills being examined during the trial duration are skills utilized by the employer’s workers or might be utilized by staff members if there are no other workers. For example, where a company of a dining establishment asks a job candidate to work a trial shift waiting tables to show their ability to perform the task, even where no work deal has actually been made to that prospect, the person is a staff member under the ESA.

The ESA does not apply to independent professionals, volunteers or other people who are not covered under the ESA. An individual considered a staff member may be entitled to rights such as:

– minimum wage

– overtime pay

– public vacations

– holiday with pay

– notice of termination or termination pay

Under the ESA, employers are not allowed to treat employees covered by the Act as if they are not staff members. If a company misclassifies an employee in this way, a work requirements officer can issue a notice of conflict that results in a charge, a prosecution or both versus the employer.

Please note, the ESA offers minimum requirements only. Some staff members might have higher rights under an employment agreement, collective arrangement, the common law or other legislation.

Discover more about employee rights under the ESA.

How to inform who is an employee

The relationship in between a specific and the business (or person) they are working for identifies whether the person is a staff member and entitled to securities under the ESA. A person might be considered a worker under the ESA when a minimum of some of the following describes the relationship:

– the work the specific performs 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 performed

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

– toll-free at 1-800-531-5551

TTY 1-866-567-8893

The Information Centre can assist callers in multiple languages. They can give basic info about who is a staff member however can not provide advice.

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

How to tell who is an independent contractor

An independent professional is somebody who stays in business on their own. An individual may be thought about an independent contractor, and not covered by the ESA, when a minimum of some of the following uses:

– the service can end the individual’s contract for services, referall.us however can not discipline the person

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

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

– decides whether to farm out some 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 business’s workplace. She utilizes 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 bad efficiency. Her employment agreement specifies that she is an independent contractor therefore she does not get overtime pay, trip pay or public vacation pay.

Fariah thinks she may actually 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 looks at the relationship in between Fariah and the sales service 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 reveal she is a staff member.

The employment standards officer orders the sales company to:

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

– orders the company to release wage declarations and keep records

Employee or independent professional: Common misunderstandings

A person may be considered a staff member even if:

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

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

– sends billings to the business.

– utilizes their own car for work purposes.

Volunteers

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

The primary factors that figure out whether someone is a or a staff member are how much:

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

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

In family-run organizations, the question will frequently be whether the individual is supplying 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 individual is more most likely to be a volunteer.

The truth that no wages were paid does not always imply that somebody is a volunteer. The reality that there was some form of payment does not always suggest somebody is a worker. For example, an honorarium may have been paid, instead of salaries.