5:00 P.m. in the Business’s Office

The Employment Standards Act (ESA) applies to employees.

A worker includes a person who:

– performs work for a company for salaries

– materials services to a company for wages

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

– is a homeworker

– was a worker

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

The ESA does not apply to independent contractors, volunteers or employment other individuals who are not covered under the ESA. A private considered a staff member may be entitled to rights such as:

– base pay

– overtime pay

– public holidays

– vacation with pay

– notice of termination or termination pay

Under the ESA, employers are not allowed to deal with workers covered by the Act as if they are not workers. If a company misclassifies an employee in this way, employment an employment requirements officer can provide a notice of breach that results in a penalty, a prosecution or both against the company.

Please note, the ESA supplies minimum standards just. Some employees may have greater rights under an employment contract, cumulative contract, the typical law or other legislation.

Learn more about worker rights under the ESA.

How to inform who is a worker

The relationship in between a specific and the business (or individual) they are working for figures out whether the individual is a worker and entitled to defenses under the ESA. An individual might be thought about an employee under the ESA when at least a few of the following describes the relationship:

– the work the private performs is an essential part of the organization

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

– how much the person will be paid

– where and when the work is performed

If you’re not sure 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 multiple languages. They can provide basic details about who is a worker but can not provide guidance.

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

How to tell who is an independent specialist

An independent specialist is somebody who stays in business on their own. An individual might be thought about an independent specialist, 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 employment has a risk of losing money from the work

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

– decides whether to subcontract a few of the work

Example

Fariah works as a customer support representative for a sales organization. She needs to work Monday to Friday from 9:00 a.m. to 5:00 p.m. in the service’s office. She uses business’s telephones and computers. She is paid $25.50 per hour. Her employment agreement does not have an end date, although her can fire or discipline her for bad performance. Her work contract states that she is an independent professional and so she does not get overtime pay, vacation pay or public holiday pay.

Fariah believes she may actually be a worker and may be entitled to overtime pay, trip pay and public holiday pay. She submits a claim with the Ministry of Labour, Immigration, Training and Skills Development.

A work standards officer investigates her claim. The officer takes a look at the relationship between Fariah and employment the sales company and discovers that she is an employee

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

The employment standards officer orders the sales organization to:

– pay Fariah the overtime pay, trip pay and public holiday pay that she was entitled to as a staff member.

– orders the employer to release wage declarations and keep records

Employee or independent contractor: Common misunderstandings

A person may be considered a worker even if:

– the private and business agree (orally or in writing) that the individual is an independent professional. It is the relationship in between the individual and employment business (or person) that matters, not the label that is provided to it

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

– sends billings to the company.

– uses their own vehicle for work functions.

Volunteers

Volunteers are not staff members under the ESA. However, the truth that someone is called a “volunteer” does not figure out whether that individual is an employee and entitled to the defenses of the ESA.

The main aspects that figure out whether someone is a volunteer or a worker are how much:

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

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

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

If the person is supplying services to the family, employment instead of services in pursuit of a living, that individual is most likely to be a volunteer.

The fact that no wages were paid does not always suggest that somebody is a volunteer. The fact that there was some type of payment does not always imply somebody is a worker. For example, an honorarium might have been paid, rather than salaries.