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5:00 P.m. in Business’s Office

The Employment Standards Act (ESA) uses to staff members.

An employee consists of an individual who:

– carries out work for job an employer for incomes

– products services to an employer for earnings

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

– is a homeworker

– was a worker

Effective March 21, 2024, a worker consists of a person who carries out work during a trial period for a company, if the abilities being assessed during the trial period are abilities used by the employer’s workers or could be utilized by workers if there are no other employees. For instance, where a company of a dining establishment 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 individual is a staff member under the ESA.

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

– base pay

– overtime pay

– public holidays

– trip with pay

– notification of termination or termination pay

Under the ESA, employers are not permitted to treat workers covered by the Act as if they are not workers. If an employer misclassifies a staff member in this way, an employment standards officer can issue a notification of contravention that leads to a charge, a prosecution or both against the company.

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

Discover more about staff member rights under the ESA.

How to tell who is a staff member

The relationship between a private and business (or individual) they are working for identifies whether the individual is a worker and entitled to securities under the ESA. An individual might be considered a worker under the ESA when a minimum of a few of the following describes the relationship:

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

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

– just 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 several languages. They can give general information about who is a worker however can not supply advice.

If you’re still unsure whether somebody is a staff member, please talk to an attorney.

How to inform who is an independent professional

An independent contractor is someone who is in business on their own. An individual may be considered an independent contractor, and not covered by the ESA, when a minimum of some of the following uses:

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

– the individual:- has the opportunity to make an earnings and has a threat of losing cash from the work

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

– chooses whether to subcontract some of the work

Example

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

Fariah thinks she might really be a staff member and might be entitled to overtime pay, getaway pay and public holiday pay. She submits a claim with the Ministry of Labour, Immigration, Training and Skills Development.

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

It does not matter that Fariah signed the work contract mentioning that she is an independent contractor due to the fact that the truths reveal she is an employee.

The employment requirements officer orders the sales service to:

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

– orders the employer to provide wage declarations and keep records

Employee or independent professional: Common mistaken beliefs

An individual may be considered an employee even if:

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

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

– sends invoices to the company.

– uses their own lorry for work functions.

Volunteers

Volunteers are not staff members under the ESA. However, job the reality that somebody is called a “volunteer” does not figure out whether that person is a worker and entitled to the protections of the ESA.

The main factors that determine whether someone is a volunteer or a staff member are just how much:

– business (or individual) take advantage of the individual’s services.

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

In family-run companies, the question will typically be whether the individual is offering services in pursuit of a living or job in service of the household.

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

The fact that no earnings were paid does not necessarily mean that someone is a volunteer. The reality that there was some form of payment does not always indicate someone is an employee. For example, an honorarium might have been paid, rather than salaries.