5:00 P.m. in the Business’s Office

The Employment Standards Act (ESA) applies to workers.

A worker includes an individual who:

– carries out work for a company for wages

– supplies services to a company for wages

– receives training from an employer, if the skill in which the individual is being trained is a skill utilized by the employer’s workers

– is a homeworker

– was a worker

Effective March 21, 2024, a staff member includes an individual who performs work during a trial duration for an employer, if the skills being evaluated throughout the trial duration are skills used by the employer’s workers or might be utilized by workers if there are no other staff members. For example, where a company of a dining establishment asks a job candidate to work a trial shift waiting tables to show their ability to carry out the job, even where no work deal has actually been made to that prospect, the person is a staff member under the ESA.

The ESA does not use to independent professionals, volunteers or other individuals 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 holidays

– holiday with pay

– notice of termination or termination pay

Under the ESA, employers are not enabled to deal with workers covered by the Act as if they are not staff members. If a company misclassifies a worker in this method, a work requirements officer can provide a notification of contravention that results in a penalty, a prosecution or both versus the employer.

Please note, the ESA provides minimum standards only. Some workers may have higher rights under an employment agreement, collective arrangement, the common law or other legislation.

Learn more about staff member rights under the ESA.

How to inform who is a worker

The relationship between a private and business (or person) they are working for identifies whether the individual is a worker and entitled to protections under the ESA. An individual might be considered a staff member under the ESA when a minimum of some of the following explains the relationship:

– the work the specific performs is an essential part of business

– 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 unsure who is a worker 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 give general information about who is a staff member but can not supply suggestions.

If you’re still not sure whether someone is an employee, please talk to an attorney.

How to inform who is an independent contractor

An independent contractor is someone who stays in business for themselves. A person might be considered an independent specialist, and not covered by the ESA, when a minimum of a few of the following uses:

– business can end the individual’s agreement for referall.us services, however can not the person

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

– determines how, when or where the work is performed

– chooses whether to subcontract a few of the work

Example

Fariah works as a customer support representative for a sales organization. She must work Monday to Friday from 9:00 a.m. to 5:00 p.m. in the service’s workplace. She utilizes the organization’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 bad efficiency. Her employment contract specifies that she is an independent contractor and so she does not receive overtime pay, trip pay or public holiday pay.

Fariah thinks she might in fact be an employee and might 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 examines her claim. The officer takes a look at the relationship in between Fariah and the sales business and finds that she is a worker

It does not matter that Fariah signed the work agreement stating that she is an independent professional due to the fact that the truths reveal she is an employee.

The work requirements officer orders the sales company to:

– pay Fariah the overtime pay, vacation 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 misunderstandings

A person may be thought about a worker even if:

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

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

– sends invoices to the business.

– utilizes their own vehicle for work purposes.

Volunteers

Volunteers are not employees under the ESA. However, the fact that somebody is called a “volunteer” does not determine whether that individual is an employee and entitled to the defenses of the ESA.

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

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

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

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

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

The truth that no incomes were paid does not necessarily mean that somebody is a volunteer. The truth that there was some form of payment does not always imply someone is a staff member. For instance, an honorarium might have been paid, rather than incomes.