5:00 P.m. in Business’s Office

The Employment Standards Act (ESA) uses to employees.

A staff member includes a person who:

– carries out work for an employer for earnings

– supplies services to an employer for wages

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

– is a homeworker

– was a staff member

Effective March 21, 2024, an employee consists of a person who performs work during a trial duration for an employer, if the abilities being evaluated throughout the trial period are skills utilized by the company’s workers or could be utilized by staff members if there are no other staff members. For example, where an employer of a dining establishment asks a job prospect to work a trial shift waiting tables to show their capability to perform the task, employment even where no work deal has been made to that candidate, the person is a staff member under the ESA.

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

– minimum wage

– overtime pay

– public holidays

– trip with pay

– notification of termination or termination pay

Under the ESA, employers are not permitted to treat workers covered by the Act as if they are not staff members. If an employer misclassifies an employee in this method, an employment standards officer can release a notification of breach that leads to a charge, a prosecution or employment both against the company.

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

Learn more about staff member rights under the ESA.

How to inform who is a staff member

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

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

– business decides:- what the individual 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 assist callers in several languages. They can give general details about who is a worker however can not provide suggestions.

If you’re still not sure whether somebody is a worker, please speak with an attorney.

How to inform who is an independent specialist

An independent contractor is somebody who stays in business on their own. An individual may be thought about an independent specialist, and employment not covered by the ESA, when at least a few of the following applies:

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

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

– determines how, when or where the work is carried out

– chooses whether to farm out a few of the work

Example

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

Fariah believes she may in fact be a staff member and may be entitled to overtime pay, trip 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 takes a look at the relationship in between Fariah and the sales company and finds that she is an employee

It does not matter that Fariah signed the work contract specifying that she is an independent specialist since the realities show she is an employee.

The employment requirements officer orders the sales service to:

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

– orders the employer to issue wage declarations and keep records

Employee or independent contractor: Common misunderstandings

A person may be thought about a staff member even if:

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

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

– submits invoices to the organization.

– utilizes their own lorry for work purposes.

Volunteers

Volunteers are not workers under the ESA. However, employment the fact that somebody is called a “volunteer” does not identify whether that individual is an employee and entitled to the protections of the ESA.

The main aspects that figure out whether somebody is a volunteer or an employee are how much:

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

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

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

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

The truth that no salaries were paid does not necessarily imply that somebody is a volunteer. The truth that there was some kind of payment does not necessarily indicate somebody is an employee. For instance, an honorarium might have been paid, instead of incomes.