5:00 P.m. in the Business’s Office

The Employment Standards Act (ESA) applies to employees.

An employee consists of a person who:

– carries out work for an for incomes

– products services to a company for salaries

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

– is a homeworker

– was a staff member

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

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

– base pay

– overtime pay

– public holidays

– trip with pay

– notice of termination or termination pay

Under the ESA, employers are not permitted to treat staff members covered by the Act as if they are not workers. If an employer misclassifies a worker in this method, a work standards officer can provide a notice of contravention that results in a charge, a prosecution or both versus the company.

Please note, the ESA offers minimum requirements only. Some staff members might have higher rights under an employment agreement, collective arrangement, the common law or other legislation.

Learn more about employee rights under the ESA.

How to inform who is an employee

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

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

– the company decides:- what the individual is to do

– how much the individual will be paid

– where and when the work is carried out

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 help callers in multiple languages. They can provide basic info about who is a worker but can not offer advice.

If you’re still not sure whether someone is a worker, please speak with a legal representative.

How to inform who is an independent professional

An independent contractor is somebody who stays in business for themselves. An individual might be thought about an independent contractor, and not covered by the ESA, when a minimum of a few of the following uses:

– the business can end the person’s agreement for employment services, but can not discipline the individual

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

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

– decides whether to farm out some of the work

Example

Fariah works as a customer service representative for employment a sales service. She needs to work Monday to Friday from 9:00 a.m. to 5:00 p.m. in the company’s workplace. She utilizes the service’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 states that she is an independent professional and so she does not get overtime pay, vacation pay or public vacation pay.

Fariah believes she may actually be a staff member and might be entitled to overtime pay, getaway pay and public vacation pay. She sues with the Ministry of Labour, Immigration, Training and Skills Development.

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

It does not matter that Fariah signed the employment agreement mentioning that she is an independent professional because the truths show she is an employee.

The work requirements officer orders the sales service to:

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

– orders the company to issue wage declarations and keep records

Employee or independent professional: Common misconceptions

A person may be considered an employee even if:

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

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

– submits billings to the business.

– utilizes their own vehicle for work purposes.

Volunteers

Volunteers are not staff members under the ESA. However, the reality that someone is called a “volunteer” does not identify whether that individual is a staff member and entitled to the securities of the ESA.

The main elements that figure out whether somebody is a volunteer or a worker are just how much:

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

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

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

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

The fact that no salaries were paid does not always indicate that someone is a volunteer. The truth that there was some kind of payment does not always mean someone is a worker. For instance, an honorarium may have been paid, instead of incomes.