5:00 P.m. in Business’s Office

The Employment Standards Act (ESA) uses to workers.

A staff member includes an individual who:

– performs work for an employer for incomes

– supplies services to an employer for incomes

– gets training from an employer, if the ability in which the individual is being trained is an ability used by the employer’s employees

– is a homeworker

– was a worker

Effective March 21, 2024, an employee includes an individual who carries out work during a trial period for an employer, if the abilities being evaluated during the trial period are skills used by the company’s workers or could be used by employees if there are no other employees. For example, where a company of a dining establishment asks a task candidate to work a trial shift waiting tables to demonstrate their capability to carry out the job, even where no employment deal has actually been made to that prospect, the individual is an employee under the ESA.

The ESA does not apply to independent contractors, volunteers or other individuals who are not covered under the ESA. A specific thought about a worker might be entitled to rights such as:

– minimum wage

– overtime pay

– public holidays

– getaway with pay

– notice of termination or employment termination pay

Under the ESA, companies are not allowed to treat workers covered by the Act as if they are not workers. If a company misclassifies an employee in this way, an employment requirements officer can release a notification of contravention that results in a penalty, a prosecution or both against the company.

Please note, the ESA offers minimum standards only. Some workers may have higher rights under an employment contract, collective arrangement, the typical law or other legislation.

Find out more about staff member rights under the ESA.

How to inform who is an employee

The relationship between an individual and business (or individual) they are working for determines whether the person is a worker and entitled to protections under the ESA. An individual might be considered an employee 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 service

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

– just how much the individual will be paid

– where and when the work is carried out

If you’re not sure who is an employee under the ESA, call the Ministry of Labour, Immigration, Training and employment 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 details about who is a staff member however can not provide advice.

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

How to inform who is an independent contractor

An independent professional is somebody who stays in business on their own. An individual might be considered an independent specialist, and not covered by the ESA, employment when at least some of the following applies:

– business can end the person’s contract for employment services, but can not discipline the person

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

– identifies how, when or where the work is performed

– decides whether to farm out some of the work

Example

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

Fariah believes she may really be an employee and might be entitled to overtime pay, trip pay and public holiday pay. She submits a claim with the Ministry of Labour, Immigration, Training and Skills Development.

A work standards officer examines her claim. The officer looks at the relationship between Fariah and the sales company and discovers that she is an employee

It does not matter that Fariah signed the work agreement stating that she is an independent contractor employment since the truths reveal she is an employee.

The employment standards officer orders the sales company to:

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

– orders the company to release wage declarations and keep records

Employee or independent contractor: Common mistaken beliefs

An individual may be thought about a staff member even if:

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

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

– sends billings to the service.

– uses their own lorry for work functions.

Volunteers

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

The main elements that identify whether somebody is a volunteer or a staff member are just how much:

– the organization (or person) take advantage of the person’s services.

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

In family-run businesses, the concern will frequently be whether the person is providing services in pursuit of a living or in service of the household.

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

The truth that no earnings were paid does not always mean that someone is a volunteer. The fact that there was some kind of payment does not always mean someone is an employee. For instance, an honorarium may have been paid, rather than salaries.