5:00 P.m. in Business’s Office

The Employment Standards Act (ESA) uses to employees.

A worker consists of a person who:

– performs work for an employer for earnings

– materials services to a company for wages

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

– is a homeworker

– was an employee

Effective March 21, 2024, a worker consists of an individual who carries out work during a trial period for an employer, if the skills being examined during the trial period are skills utilized by the employer’s employees or might be used by workers if there are no other workers. For example, where a company of a restaurant asks a task candidate to work a trial shift waiting tables to show their ability to perform the job, even where no employment deal has been made to that prospect, the person is an employee under the ESA.

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

– minimum wage

– overtime pay

– public holidays

– holiday with pay

– notice of termination or referall.us termination pay

Under the ESA, companies are not permitted to treat employees covered by the Act as if they are not staff members. If an employer misclassifies a worker in this way, a work requirements officer can provide a notice of breach that results in a penalty, a prosecution or both against the employer.

Please note, the ESA provides minimum standards only. Some workers might have greater rights under an employment agreement, collective agreement, the typical law or other legislation.

Discover more about worker rights under the ESA.

How to inform who is an employee

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

– the work the specific carries out is a vital part of the business

– the 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 uncertain 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 provide basic information about who is a worker however can not provide guidance.

If you’re still uncertain whether somebody is a staff member, please talk with a lawyer.

How to inform who is an independent professional

An independent professional is somebody who is in service for themselves. A person may be considered an independent contractor, and not covered by the ESA, when a minimum of a few of the following applies:

– the organization can end the person’s agreement for services, however can not discipline the individual

– the individual:- 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 carried out

– chooses whether to farm out some of the work

Example

Fariah works as a client service representative for a sales service. She needs to work Monday to Friday from 9:00 a.m. to 5:00 p.m. in business’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 employer can fire or discipline her for poor efficiency. Her employment agreement specifies that she is an independent professional therefore she does not get overtime pay, vacation pay or public holiday pay.

Fariah thinks she might really be a staff member 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 examines her claim. The officer takes a look at the relationship between Fariah and the sales service and discovers that she is a worker

It does not matter that Fariah signed the employment contract stating that she is an independent specialist because the realities show she is a worker.

The employment standards officer orders the sales business to:

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

– orders the company to provide wage statements and keep records

Employee or independent professional: Common misconceptions

An individual might be considered an employee even if:

– the individual and the organization agree (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 provided to it

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

– sends invoices to the company.

– uses their own car for work purposes.

Volunteers

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

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

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

– the specific views the plan as in pursuit of a living.

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

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

The fact that no salaries were paid does not always mean that someone is a volunteer. The reality that there was some form of payment does not always indicate somebody is a worker. For example, an honorarium may have been paid, instead of wages.