5:00 P.m. in the Business’s Office

The Employment Standards Act (ESA) applies to workers.

An employee includes an individual who:

– performs work for an employer for salaries

– products services to a company for incomes

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

– is a homeworker

– was a worker

Effective March 21, 2024, a staff member includes an individual who performs work throughout a trial period for an employer, if the skills being assessed during the are skills used by the employer’s workers or might be utilized by staff members if there are no other employees. For example, 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 work offer has been made to that prospect, 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. An individual considered a staff member might be entitled to rights such as:

– minimum wage

– overtime pay

– public holidays

– vacation with pay

– notification of termination or termination pay

Under the ESA, companies are not allowed to deal with workers covered by the Act as if they are not employees. If an employer misclassifies a staff member in this method, an employment requirements officer can release a notification of breach that leads to a charge, a prosecution or both against the company.

Please note, the ESA supplies minimum requirements just. Some workers may have greater rights under an employment agreement, cumulative arrangement, the typical law or other legislation.

Learn more about worker rights under the ESA.

How to tell who is a staff member

The relationship between an individual and the business (or individual) they are working for figures out whether the person is a staff member and entitled to protections under the ESA. An individual might be considered an employee under the ESA when at least some of the following describes the relationship:

– the work the private performs is an important part of the organization

– the organization chooses:- what the individual is to do

– just how much the individual 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 details about who is a worker but can not offer advice.

If you’re still uncertain whether someone is a worker, please speak with a lawyer.

How to inform who is an independent professional

An independent professional is somebody who is in company for themselves. A person might be considered an independent specialist, and not covered by the ESA, when a minimum of some of the following uses:

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

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

– identifies how, when or where the work is performed

– chooses whether to subcontract a few of the work

Example

Fariah works as a customer care agent for a sales business. She must work Monday to Friday from 9:00 a.m. to 5:00 p.m. in the company’s office. She utilizes the company’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 efficiency. Her employment agreement specifies that she is an independent specialist and so she does not get overtime pay, holiday pay or public vacation pay.

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

An employment standards officer examines her claim. The officer looks at the relationship in between Fariah and the sales company and finds that she is an employee

It does not matter that Fariah signed the employment contract specifying that she is an independent contractor because the truths reveal she is a staff member.

The employment requirements officer orders the sales company to:

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

– orders the employer to provide wage declarations and keep records

Employee or independent specialist: Common misconceptions

An individual might be considered a worker even if:

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

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

– sends invoices to business.

– utilizes their own car for work functions.

Volunteers

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

The main aspects that determine whether somebody is a volunteer or a worker are just how much:

– the company (or referall.us person) benefits from the person’s services.

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

In family-run services, the concern will typically be whether the person is supplying services in pursuit of a living or in service of the family.

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

The reality that no wages were paid does not always mean that somebody is a volunteer. The truth that there was some kind of payment does not always mean someone is a worker. For example, an honorarium might have been paid, instead of earnings.