5:00 P.m. in the Business’s Office

The Employment Standards Act (ESA) uses to workers.

A staff member includes a person who:

– performs work for a company for referall.us earnings

– materials services to a company for wages

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

– is a homeworker

– was a staff member

Effective March 21, 2024, an employee includes a person who carries out work throughout a trial period for a company, if the skills being evaluated throughout the trial duration are skills used by the company’s employees or could be utilized by employees if there are no other workers. For instance, where a company of a dining establishment asks a task candidate to work a trial shift waiting tables to demonstrate their capability to perform the task, even where no work 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 individuals who are not covered under the ESA. A specific considered an employee might be entitled to rights such as:

– base pay

– overtime pay

– public vacations

– getaway 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 staff members. If a company misclassifies a staff member in this method, an employment requirements officer can release a notification of breach that results in a charge, a prosecution or both against the employer.

Please note, the ESA provides minimum requirements just. Some workers may have greater rights under an employment agreement, collective contract, the common law or other legislation.

Find out more about employee 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 person is a worker and entitled to defenses under the ESA. An individual might be thought about a worker under the ESA when a minimum of a few of the following explains the relationship:

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

– the chooses:- what the person is to do

– just how much the individual will be paid

– where and when the work is performed

If you’re unsure 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 multiple languages. They can offer basic details about who is a worker however can not offer suggestions.

If you’re still unsure whether somebody is a worker, please speak to an attorney.

How to tell who is an independent specialist

An independent professional is someone who is in organization on their own. A person might be thought about an independent contractor, 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 chance to earn a profit and has a risk of losing cash from the work

– identifies how, when or where the work is performed

– decides whether to subcontract some of the work

Example

Fariah works as a customer support agent for a sales company. She should work Monday to Friday from 9:00 a.m. to 5:00 p.m. in the service’s workplace. She uses the organization’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 poor performance. Her work agreement specifies that she is an independent professional and so she does not get overtime pay, holiday pay or public vacation pay.

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

An employment requirements officer examines her claim. The officer looks at the relationship between Fariah and the sales company and finds that she is a staff member

It does not matter that Fariah signed the employment agreement mentioning that she is an independent professional due to the fact that the facts reveal she is an employee.

The work standards officer orders the sales business to:

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

– orders the company to issue wage statements and keep records

Employee or independent contractor: Common mistaken beliefs

A person may be considered an employee even if:

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

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

– submits billings to the service.

– uses their own car for work purposes.

Volunteers

Volunteers are not employees under the ESA. However, the fact that somebody is called a “volunteer” does not determine whether that individual is a staff member and entitled to the defenses of the ESA.

The primary aspects that identify whether someone is a volunteer or a worker are how much:

– business (or individual) take advantage of the individual’s services.

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

In family-run services, the concern will often be whether the person is offering 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 individual is more likely to be a volunteer.

The fact that no earnings were paid does not necessarily imply that somebody is a volunteer. The reality that there was some form of payment does not necessarily suggest someone is a worker. For example, an honorarium might have been paid, rather than earnings.