5:00 P.m. in Business’s Office

The Employment Standards Act (ESA) applies to workers.

A staff member includes an individual who:

– performs work for employment a company for incomes

– materials services to a company for salaries

– gets training from a company, if the skill in which the person is being trained is a skill used by the company’s workers

– is a homeworker

– was a staff member

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

The ESA does not use to independent professionals, volunteers or other people who are not covered under the ESA. A specific thought about a staff member might be entitled to rights such as:

– base pay

– overtime pay

– public vacations

– trip with pay

– notice of termination or termination pay

Under the ESA, companies are not allowed to treat workers covered by the Act as if they are not staff members. If a company misclassifies a staff member in this way, a work requirements officer can issue a notice of breach that leads to a charge, a prosecution or both versus the company.

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

Find out more about employee rights under the ESA.

How to inform who is a staff member

The relationship between a specific and business (or individual) they are working for figures out whether the person is a staff member and entitled to defenses under the ESA. A person might be thought about a staff member under the ESA when at least some of the following describes the relationship:

– the work the private carries out is a vital part of the service

– the business chooses:- what the person is to do

– just how much the person will be paid

– where and when the work is carried out

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 offer basic information about who is a staff member but can not supply advice.

If you’re still uncertain whether somebody is a worker, please talk with a lawyer.

How to tell who is an independent specialist

An independent professional is someone who is in company for themselves. An individual may be thought about an independent professional, and not covered by the ESA, when a minimum of some of the following applies:

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

– the person:- has the chance to earn a profit and has a threat of losing cash from the work

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

– chooses whether to farm out some of the work

Example

Fariah works as a customer care representative for employment a sales organization. She needs to work Monday to Friday from 9:00 a.m. to 5:00 p.m. in the company’s workplace. She utilizes business’s telephones and computer systems. 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 work agreement mentions that she is an independent professional and so she does not receive overtime pay, getaway pay or public holiday pay.

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

An employment requirements officer investigates her claim. The officer looks at the relationship in between Fariah and the sales organization and discovers that she is an employee

It does not matter that Fariah signed the work agreement stating that she is an independent contractor due to the fact that the realities show she is an employee.

The work standards officer orders the sales service 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 statements and employment keep records

Employee or independent professional: Common mistaken beliefs

A person may be thought about an employee even if:

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

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

– submits billings to business.

– uses their own lorry for work purposes.

Volunteers

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

The main factors that figure out whether someone is a volunteer or a worker are how much:

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

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

In family-run services, the question will often be whether the person is providing services in pursuit of a living or in service of the family.

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

The reality that no earnings were paid does not always indicate that someone is a volunteer. The reality that there was some form of payment does not always indicate someone is an employee. For example, an honorarium may have been paid, rather than incomes.