5:00 P.m. in the Business’s Office
The Employment Standards Act (ESA) uses to employees.
A worker consists of an individual who:
– carries out work for a company for incomes
– supplies services to an employer for salaries
– receives training from a company, if the skill in which the individual is being trained is an ability utilized by the employer’s employees
– is a homeworker
– was a staff member
Effective March 21, 2024, a worker consists of a person who carries out work throughout a trial duration for a company, if the skills being examined throughout the trial period are abilities utilized by the employer’s workers or might be utilized by staff members if there are no other workers. For example, where an employer of a dining establishment asks a job candidate to work a trial shift waiting tables to show their ability to carry out the task, even where no work deal has been made to that prospect, the person is a worker under the ESA.
The ESA does not use to independent professionals, volunteers or other people who are not covered under the ESA. An individual thought about a staff member may be entitled to rights such as:
– minimum wage
– overtime pay
– public holidays
– holiday with pay
– notice of termination or employment termination pay
Under the ESA, employers are not allowed to treat staff members covered by the Act as if they are not staff members. If a company misclassifies an employee in this method, a work standards officer can issue a notification of conflict that leads to a penalty, a prosecution or both against the company.
Please note, the ESA provides minimum standards only. Some staff members may have higher rights under an employment agreement, collective arrangement, the typical law or other legislation.
Learn more about employee rights under the ESA.
How to tell who is a worker
The relationship between an individual and business (or person) they are working for determines whether the person is a worker and entitled to protections under the ESA. A person may be thought about a staff member under the ESA when at least some of the following explains the relationship:
– the work the specific performs is an important part of the service
– business decides:- what the individual is to do
– just how much the person will be paid
– where and when the work is carried out
If you’re uncertain who is a staff member 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 basic info about who is a worker but can not supply suggestions.
If you’re still uncertain whether somebody is a staff member, please speak to a legal representative.
How to inform who is an independent contractor
An independent specialist is someone who stays in business for themselves. A person may be considered an independent contractor, and not covered by the ESA, when at least some of the following uses:
– business can end the person’s contract for services, but can not discipline the individual
– the person:- has the chance to earn a profit and has a danger of losing money from the work
– figures out how, when or where the work is performed
– decides whether to farm out a few of the work
Example
Fariah works as a client service representative for a sales business. She must work Monday to Friday from 9:00 a.m. to 5:00 p.m. in the company’s office. She utilizes the company’s telephones and computers. 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 work agreement states that she is an independent specialist therefore she does not get overtime pay, getaway pay or employment public holiday pay.
Fariah believes she may actually be an employee and may be entitled to overtime pay, trip pay and public vacation pay. She files a claim with the Ministry of Labour, Immigration, Training and Skills Development.
A work standards officer examines her claim. The officer takes a look at the relationship in between Fariah and the sales company and finds that she is a staff member
It does not matter that Fariah signed the employment agreement stating that she is an independent professional due to the fact that the facts reveal she is a worker.
The employment requirements officer orders the sales organization to:
– pay Fariah the overtime pay, holiday pay and public that she was entitled to as an employee.
– orders the employer to provide wage declarations and keep records
Employee or independent professional: Common misunderstandings
An individual might be considered an employee even if:
– the specific and business agree (orally or in writing) 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 provided to it
– the individual:- charges the balanced sales tax (HST).
– submits billings to the company.
– utilizes their own vehicle for work functions.
Volunteers
Volunteers are not workers under the ESA. However, the truth that somebody is called a „volunteer“ does not determine whether that person is a staff member and employment entitled to the protections of the ESA.
The primary aspects that identify whether somebody is a volunteer or a staff member are how much:
– business (or individual) take advantage of the person’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 household.
If the individual is supplying services to the household, rather than services in pursuit of a living, that individual is most likely to be a volunteer.
The fact that no salaries were paid does not always suggest that someone is a volunteer. The fact that there was some kind of payment does not always indicate somebody is a staff member. For example, an honorarium may have been paid, rather than wages.