5:00 P.m. in Business’s Office

The Employment Standards Act (ESA) uses to employees.

An employee consists of a person who:

– carries out work for an employer for earnings

– products services to a company for wages

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

– is a homeworker

– was an employee

Effective March 21, 2024, a staff member includes an individual who carries out work during a trial duration for a company, if the abilities being assessed during the trial duration are skills utilized by the company’s employees or might be utilized by workers if there are no other staff members. For example, where a company of a dining establishment asks a job candidate to work a trial shift waiting tables to demonstrate their capability to perform the job, even where no employment deal has actually been made to that candidate, the person is a worker under the ESA.

The ESA does not apply to independent contractors, volunteers or other people who are not covered under the ESA. An individual considered a worker might be entitled to rights such as:

– minimum wage

– overtime pay

– public vacations

– vacation with pay

– notification of termination or termination pay

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

Please note, the ESA provides minimum standards only. Some staff members may have greater rights under an employment agreement, cumulative arrangement, the typical law or other legislation.

Discover more about employee rights under the ESA.

How to tell who is an employee

The relationship in between an individual and the service (or individual) they are working for identifies whether the person is a worker and entitled to protections under the ESA. An individual may be considered a staff member under the ESA when at least some of the following explains the relationship:

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

chooses:- what the person is to do

– how much the person will be paid

– where and when the work is carried out

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 several languages. They can give general info about who is a staff member however can not offer guidance.

If you’re still uncertain whether someone is an employee, please talk to an attorney.

How to tell who is an independent specialist

An independent professional is somebody who is in business on their own. An individual might be considered an independent contractor, and not covered by the ESA, when at least a few of the following uses:

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

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

– identifies how, employment when or where the work is performed

– decides whether to farm out a few of the work

Example

Fariah works as a customer care representative for a sales service. She must work Monday to Friday from 9:00 a.m. to 5:00 p.m. in the organization’s workplace. She utilizes business’s telephones and computers. She is paid $25.50 per hour. Her employment agreement does not have an end date, although her employer can fire or employment discipline her for bad efficiency. Her employment contract specifies that she is an independent contractor therefore she does not get overtime pay, trip pay or public vacation pay.

Fariah believes she might in fact be a worker and may be entitled to overtime pay, getaway pay and public vacation pay. She sues with the Ministry of Labour, Immigration, Training and Skills Development.

An employment requirements officer investigates her claim. The officer looks at the relationship in between Fariah and the sales service and finds that she is a worker

It does not matter that Fariah signed the employment contract stating that she is an independent professional since the truths reveal she is a staff member.

The employment standards officer orders the sales service to:

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

– orders the company to release wage declarations and keep records

Employee or independent professional: Common misunderstandings

A person might be considered a worker even if:

– the private and employment the organization concur (orally or employment in writing) that the individual is an independent professional. It is the relationship in between the specific and the company (or individual) that matters, not the label that is provided to it

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

– sends invoices to the company.

– utilizes their own lorry for work functions.

Volunteers

Volunteers are not employees under the ESA. However, the reality that someone is called a “volunteer” does not determine whether that person is a worker and employment entitled to the protections of the ESA.

The main factors that determine whether someone is a volunteer or a staff member are how much:

– the business (or person) gain from the person’s services.

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

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

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

The truth that no salaries were paid does not necessarily indicate that someone is a volunteer. The reality that there was some form of payment does not necessarily mean somebody is an employee. For example, an honorarium might have been paid, instead of incomes.