5:00 P.m. in the Business’s Office

The Employment Standards Act (ESA) applies to workers.

A worker consists of an individual who:

– carries out work for an employer for wages

– supplies services to an employer for incomes

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

– is a homeworker

– was a worker

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

The ESA does not use to independent specialists, volunteers or other people who are not covered under the ESA. An individual thought about a staff member 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 employees covered by the Act as if they are not employees. If a company misclassifies an employee in this way, a work requirements officer can release a notification of conflict that results in a charge, a prosecution or both versus the employer.

Please note, the ESA offers minimum requirements just. Some employees may have higher rights under a work contract, collective agreement, employment the typical law or other legislation.

Learn more about employee rights under the ESA.

How to inform who is an employee

The relationship in between an individual and the business (or person) they are working for identifies whether the individual is an employee and entitled to defenses under the ESA. A person might be considered a staff member under the ESA when at least a few of the following explains the relationship:

– the work the private carries out is an essential part of business

– business chooses:- what the person is to do

– just how much the individual will be paid

– where and when the work is carried out

If you’re uncertain 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 numerous languages. They can provide basic info about who is a staff member but can not offer suggestions.

If you’re still uncertain whether somebody is an employee, please speak to a legal representative.

How to tell who is an independent contractor

An independent contractor is someone who is in service on their own. A person may be considered an independent contractor, and not covered by the ESA, when at least some of the following uses:

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

– the person:- has the chance to make a revenue and has a danger of losing money from the work

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

– decides whether to subcontract some 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 office. She uses the organization’s telephones and computers. She is paid $25.50 per hour. Her work contract does not have an end date, although her employer can fire or discipline her for bad efficiency. Her employment agreement states that she is an independent professional therefore she does not get overtime pay, vacation pay or public holiday pay.

Fariah thinks she might in fact be a worker and might be entitled to overtime pay, holiday pay and employment public holiday pay. She files a claim with the Ministry of Labour, Immigration, Training and Skills Development.

A work requirements officer examines her claim. The officer looks at the relationship between Fariah and the sales organization and finds that she is an employee

It does not matter that Fariah signed the employment agreement specifying that she is an independent specialist because the facts reveal she is a worker.

The work requirements officer orders the sales business to:

– pay Fariah the overtime pay, getaway 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: employment Common mistaken beliefs

An individual may be thought about a staff member even if:

– the individual and business agree (orally or in composing) that the individual is an independent specialist. It is the relationship in between the individual and business (or individual) that matters, 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 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 staff member and entitled to the defenses of the ESA.

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

– the company (or person) advantages from the individual’s services.

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

In family-run companies, the concern will typically be whether the individual is offering services in pursuit of a living or in service of the family.

If the individual is providing 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 earnings were paid does not necessarily mean that someone is a volunteer. The truth that there was some form of payment does not necessarily imply somebody is a staff member. For instance, an honorarium may have been paid, rather than salaries.