5:00 P.m. in the Business’s Office

The Employment Standards Act (ESA) applies to employees.

A staff member includes a person who:

– carries out work for a company for earnings

– materials services to a company for earnings

– receives training from an employer, if the ability in which the person is being trained is an ability used by the employer’s workers

– is a homeworker

– was a staff member

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

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

– base pay

– overtime pay

– public vacations

– getaway 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 workers. If a company misclassifies an employee in this method, a work standards officer can provide a notification of conflict that leads to a charge, a prosecution or employment both versus the company.

Please note, employment the ESA offers minimum requirements just. Some employees might have greater rights under a work contract, cumulative agreement, the common law or other legislation.

Discover more about staff member rights under the ESA.

How to tell who is a staff member

The relationship in between a specific and business (or individual) they are working for identifies whether the person is a staff member and entitled to securities under the ESA. An individual may be considered a staff member under the ESA when at least a few of the following describes the relationship:

– the work the individual performs is a fundamental part of the company

– business chooses:- what the individual is to do

– how much the person will be paid

– where and when the work is performed

If you’re not sure who is a worker under the ESA, employment call the Ministry of Labour, Immigration, employment 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 offer basic info about who is an employee but can not offer recommendations.

If you’re still uncertain whether somebody is a worker, please talk to a legal representative.

How to inform who is an independent specialist

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

– the service can end the person’s contract for services, but can not discipline the individual

– the individual:- has the chance to make an earnings and has a threat of losing money from the work

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

– chooses whether to farm out some of the work

Example

Fariah works as a customer care agent for a sales business. She should work Monday to Friday from 9:00 a.m. to 5:00 p.m. in business’s office. She utilizes the business’s telephones and computer systems. 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 efficiency. Her employment agreement states that she is an independent professional therefore she does not get overtime pay, trip pay or public vacation pay.

Fariah thinks she may actually be a worker and might be to overtime pay, vacation pay and public holiday pay. She sues with the Ministry of Labour, Immigration, employment Training and Skills Development.

An employment standards officer examines her claim. The officer looks at the relationship between Fariah and the sales service and discovers that she is an employee

It does not matter that Fariah signed the employment agreement specifying that she is an independent contractor since the truths show she is an employee.

The work standards officer orders the sales organization 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 employment keep records

Employee or independent contractor: Common misconceptions

An individual might be thought about a worker even if:

– the individual and business concur (orally or in composing) that the individual is an independent professional. It is the relationship in between the individual and business (or individual) that matters, not the label that is offered to it

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

– submits invoices to the company.

– utilizes their own automobile for work purposes.

Volunteers

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

The primary factors that identify whether someone is a volunteer or a worker are how much:

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

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

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

If the individual is offering services to the family, instead of services in pursuit of a living, that individual is more likely to be a volunteer.

The truth that no incomes were paid does not always imply that somebody is a volunteer. The fact that there was some kind of payment does not necessarily suggest somebody is a staff member. For example, an honorarium might have been paid, instead of wages.