5:00 P.m. in the Business’s Office

The Employment Standards Act (ESA) uses to .

A staff member includes a person who:

– performs work for a company for incomes

– products services to a company for earnings

– gets training from a company, if the ability in which the person is being trained is a skill utilized by the company’s employees

– is a homeworker

– was a worker

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

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

– minimum wage

– overtime pay

– public vacations

– trip with pay

– notification of termination or termination pay

Under the ESA, employers are not permitted to treat staff members covered by the Act as if they are not employees. If an employer misclassifies an employee in this method, a work standards officer can provide a notice of breach that leads to a penalty, a prosecution or both against the employer.

Please note, the ESA provides minimum standards just. Some staff members might have higher rights under an employment agreement, collective agreement, the common law or other legislation.

Find out more about staff member rights under the ESA.

How to tell who is a worker

The relationship between a private and business (or individual) they are working for determines whether the person is a staff member and entitled to securities under the ESA. A person may be considered an employee under the ESA when a minimum of a few of the following describes the relationship:

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

– the business decides:- what the individual is to do

– how much the individual will be paid

– where and when the work is performed

If you’re not sure who is an employee under the ESA, employment call the Ministry of Labour, employment 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 assist callers in multiple languages. They can give general details about who is a worker however can not provide guidance.

If you’re still unsure whether somebody is a staff member, please speak with a lawyer.

How to tell who is an independent specialist

An independent contractor is someone who is in organization on their own. A person might be considered an independent contractor, employment and not covered by the ESA, when at least a few of the following applies:

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

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

– identifies 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 company. She should work Monday to Friday from 9:00 a.m. to 5:00 p.m. in the company’s office. She uses the business’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 employment agreement states that she is an independent professional and so she does not get overtime pay, vacation pay or public vacation pay.

Fariah believes she might really be an employee and may be entitled to overtime pay, trip pay and public vacation pay. She submits 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 between Fariah and the sales service and discovers that she is a worker

It does not matter that Fariah signed the employment agreement stating that she is an independent contractor employment due to the fact that the truths show 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 a worker.

– orders the company to release wage statements and keep records

Employee or independent professional: Common misconceptions

A person may be thought about an employee even if:

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

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

– submits invoices to business.

– uses their own vehicle for work purposes.

Volunteers

Volunteers are not workers under the ESA. However, the fact that someone is called a “volunteer” does not determine whether that person is a worker and entitled to the defenses of the ESA.

The primary aspects that determine whether somebody is a volunteer or an employee are just how much:

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

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

In family-run services, the question will often be whether the person is offering services in pursuit of a living or in service of the family.

If the person is offering 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 wages were paid does not necessarily mean that someone is a volunteer. The truth that there was some kind of payment does not always suggest somebody is a staff member. For instance, an honorarium might have been paid, rather than salaries.