5:00 P.m. in the Business’s Office

The Employment Standards Act (ESA) applies to employees.

An employee includes a person who:

– carries out work for an employer for salaries

– materials services to an employer for wages

– gets training from an employer, if the skill in which the person is being trained is a skill used by the company’s staff members

– is a homeworker

– was a staff member

Effective March 21, 2024, a worker includes a person who carries out work during a trial duration for a company, if the abilities being assessed throughout the trial duration are skills used by the company’s employees or could be utilized by workers if there are no other workers. For instance, where an employer of a restaurant asks a job prospect to work a trial shift waiting tables to demonstrate their capability to carry out the task, even where no work offer has been made to that prospect, the person is an employee under the ESA.

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

– base pay

– overtime pay

– public holidays

– holiday with pay

– notice 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 a staff member in this method, a work standards officer can release a notice of contravention that leads to a charge, a prosecution or both versus the company.

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

Learn more about employee rights under the ESA.

How to inform who is a staff member

The relationship in between a private and the service (or person) they are working for figures out whether the person is a worker and entitled to securities under the ESA. An individual may be thought about a staff member under the ESA when a minimum of a few of the following explains the relationship:

– the work the individual carries out is a vital part of business

– business decides:- what the person is to do

– how much the individual will be paid

– where and employment when the work is carried out

If you’re not sure who is a staff member 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 give general information about who is a worker but can not provide advice.

If you’re still unsure whether somebody is a worker, employment please talk with a lawyer.

How to inform who is an independent contractor

An independent specialist is someone who is in service for themselves. An individual may be thought about an independent professional, and not covered by the ESA, employment when at least some of the following uses:

– the organization can end the individual’s contract for services, however can not discipline the individual

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

– figures out how, when or where the work is performed

– chooses whether to subcontract a few of the work

Example

Fariah works as a client service representative for a sales organization. She needs to work Monday to Friday from 9:00 a.m. to 5:00 p.m. in the organization’s workplace. She utilizes the service’s telephones and computer systems. She is paid $25.50 per hour. Her work contract does not have an end date, although her company can fire or discipline her for poor performance. Her employment agreement specifies that she is an independent specialist and so she does not get overtime pay, vacation pay or public vacation pay.

Fariah thinks she may 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 standards officer investigates her claim. The officer looks 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 stating that she is an since the truths reveal she is a staff member.

The work standards officer orders the sales company to:

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

– orders the employer to issue wage declarations and keep records

Employee or independent professional: Common misunderstandings

An individual may be thought about a worker even if:

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

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

– sends invoices to business.

– uses their own lorry for work functions.

Volunteers

Volunteers are not employees under the ESA. However, the reality that somebody is called a “volunteer” does not figure out whether that individual is a staff member and entitled to the protections of the ESA.

The main elements that determine whether someone is a volunteer or a worker are just how much:

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

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

In family-run services, the concern will frequently 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 family, instead of services in pursuit of a living, that individual is more likely to be a volunteer.

The fact that no earnings were paid does not always mean that somebody is a volunteer. The fact that there was some type of payment does not necessarily mean somebody is a staff member. For example, an honorarium might have been paid, instead of salaries.