5:00 P.m. in Business’s Office

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

A worker includes an individual who:

– carries out work for an employer for employment salaries

– supplies services to an employer for earnings

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

– is a homeworker

– was a worker

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

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

– minimum wage

– overtime pay

– public holidays

– getaway with pay

– notice of termination or termination pay

Under the ESA, employers are not enabled to deal with workers covered by the Act as if they are not employees. If an employer misclassifies a worker in this method, employment a work standards officer can issue a notice of conflict that leads to a charge, a prosecution or both against the company.

Please note, the ESA supplies minimum standards just. Some workers might have higher rights under an employment agreement, cumulative agreement, the typical law or employment other legislation.

Learn more about worker rights under the ESA.

How to tell who is an employee

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

– the work the specific carries out is a crucial part of the business

– business decides:- what the individual 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 assist callers in numerous languages. They can provide basic details about who is a staff member but can not offer guidance.

If you’re still not sure whether someone is a worker, please talk with a lawyer.

How to tell who is an independent professional

An independent professional is someone who stays in business for themselves. An individual might 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 individual’s contract for services, employment but can not discipline the individual

– the individual:- has the opportunity to make a revenue and has a danger of from the work

– determines how, when or where the work is performed

– decides whether to farm out some of the work

Example

Fariah works as a customer support representative for a sales service. She needs to work Monday to Friday from 9:00 a.m. to 5:00 p.m. in the service’s workplace. She utilizes the service’s telephones and computers. She is paid $25.50 per hour. Her employment agreement does not have an end date, although her company can fire or discipline her for bad performance. Her employment agreement mentions that she is an independent professional therefore she does not get overtime pay, getaway pay or public vacation pay.

Fariah thinks she might really be an employee and might be entitled to overtime pay, trip pay and public vacation pay. She sues with the Ministry of Labour, Immigration, Training and Skills Development.

A work standards officer examines her claim. The officer takes a look at the relationship in between Fariah and the sales company and finds that she is a worker

It does not matter that Fariah signed the employment agreement specifying that she is an independent specialist since the realities show she is a staff member.

The employment requirements officer orders the sales business to:

– pay Fariah the overtime pay, vacation pay and public vacation pay that she was entitled to as an employee.

– orders the employer to provide wage statements and keep records

Employee or independent professional: Common mistaken beliefs

An individual may be considered an employee even if:

– the private and business concur (orally or in composing) that the individual is an independent professional. It is the relationship between the private and business (or individual) that matters, not the label that is offered to it

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

– submits invoices to the business.

– uses their own automobile for work purposes.

Volunteers

Volunteers are not employees under the ESA. However, the fact that someone is called a “volunteer” does not figure out whether that individual is an employee and entitled to the protections of the ESA.

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

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

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

In family-run organizations, the question will typically be whether the individual is supplying services in pursuit of a living or in service of the household.

If the person is providing 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 incomes were paid does not always indicate that somebody is a volunteer. The truth that there was some form of payment does not always mean someone is a staff member. For instance, an honorarium may have been paid, instead of wages.