5:00 P.m. in Business’s Office

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

A staff member includes a person who:

– performs work for an employer for earnings

– products services to a company for wages

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

– is a homeworker

– was a worker

Effective March 21, job 2024, a worker includes an individual who performs work throughout a trial duration for a company, if the abilities being evaluated throughout the trial period are abilities utilized by the company’s staff members or could be used by workers if there are no other workers. For instance, where an employer of a restaurant asks a task candidate to work a trial shift waiting tables to demonstrate their capability to perform the job, even where no employment deal has been made to that prospect, the individual is an employee under the ESA.

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

– base pay

– overtime pay

– public vacations

– holiday with pay

– notice of termination or job termination pay

Under the ESA, companies are not permitted to treat staff members covered by the Act as if they are not staff members. If a company misclassifies a worker in this method, a work requirements officer can issue a notification of conflict that results in a charge, a prosecution or both against the employer.

Please note, the ESA provides minimum requirements only. Some workers may have higher rights under an employment agreement, cumulative agreement, the typical 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 business (or individual) they are working for determines whether the individual is an employee and entitled to protections under the ESA. An individual might be thought about a staff member under the ESA when a minimum of a few of the following describes the relationship:

– the work the private performs is a fundamental part of business

– business chooses:- what the person is to do

– how much the individual will be paid

– where and when the work is carried out

If you’re not sure who is an under the ESA, job 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 general information about who is an employee however can not supply advice.

If you’re still uncertain whether somebody is a staff member, please talk to a lawyer.

How to tell who is an independent contractor

An independent contractor is somebody who is in business for themselves. A person may be considered an independent contractor, and not covered by the ESA, when a minimum of some of the following applies:

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

– the individual:- has the chance to make an earnings and has a danger of losing money from the work

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

– decides whether to farm out a few of the work

Example

Fariah works as a customer support representative for a sales business. She must work Monday to Friday from 9:00 a.m. to 5:00 p.m. in the company’s workplace. She uses business’s telephones and computer systems. She is paid $25.50 per hour. Her employment agreement does not have an end date, job although her employer can fire or discipline her for bad performance. Her employment agreement states that she is an independent professional therefore she does not receive overtime pay, holiday pay or public vacation pay.

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

An employment standards officer examines 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 employment agreement specifying that she is an independent specialist because the realities reveal she is a worker.

The employment standards officer orders the sales service to:

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

– orders the company to release wage statements and job keep records

Employee or independent professional: Common mistaken beliefs

A person may be thought about an employee even if:

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

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

– submits billings to business.

– utilizes their own car for work purposes.

Volunteers

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

The primary elements that identify whether someone is a volunteer or a staff member are how much:

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

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

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

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

The truth that no earnings were paid does not necessarily mean that somebody is a volunteer. The reality that there was some form of payment does not always imply somebody is a staff member. For instance, an honorarium may have been paid, rather than earnings.