5:00 P.m. in the Business’s Office

The Employment Standards Act (ESA) applies to employees.

A worker includes an individual who:

– performs work for an employer for salaries

– materials services to an employer for earnings

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

– is a homeworker

– was an employee

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

The ESA does not apply to independent professionals, volunteers or other people who are not covered under the ESA. An individual thought about a worker may be entitled to rights such as:

– base pay

– overtime pay

– public vacations

– getaway with pay

– notice of termination or termination pay

Under the ESA, companies are not permitted to treat staff members covered by the Act as if they are not employees. If a company misclassifies a worker in this way, an employment standards officer can release a notification of contravention that results in a penalty, a prosecution or employment both against the employer.

Please note, the ESA provides minimum standards just. Some staff members may have higher rights under an employment contract, cumulative contract, the common law or other legislation.

Discover more about worker rights under the ESA.

How to tell who is an employee

The relationship in between an individual and the company (or individual) they are working for identifies whether the person is a staff member and entitled to securities under the ESA. A person may be considered an employee under the ESA when at least a few of the following explains the relationship:

– the work the specific carries out is a fundamental part of the company

– business chooses:- 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 unsure 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 help callers in numerous languages. They can offer general details about who is an employee but can not offer recommendations.

If you’re still not sure whether someone is an employee, employment please speak to an attorney.

How to inform who is an independent specialist

An independent professional is someone who is in service on their own. An individual may be thought about 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, however can not discipline the person

– the person:- has the chance to make a profit and has a danger of losing money from the work

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

– chooses whether to subcontract a few of the work

Example

Fariah works as a agent for a sales service. She must work Monday to Friday from 9:00 a.m. to 5:00 p.m. in the organization’s workplace. She utilizes the company’s telephones and computer systems. She is paid $25.50 per hour. Her employment contract does not have an end date, although her employer can fire or discipline her for bad efficiency. Her employment agreement states that she is an independent contractor therefore she does not get overtime pay, trip pay or public holiday pay.

Fariah believes she might in fact be a worker 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 investigates her claim. The officer takes a look at the relationship in between Fariah and the sales company and discovers that she is an employee

It does not matter that Fariah signed the employment agreement specifying that she is an independent specialist due to the fact that the truths show she is an employee.

The work standards officer orders the sales organization to:

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

– orders the employer to provide wage declarations and keep records

Employee or employment independent specialist: Common misunderstandings

An individual may be considered a worker even if:

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

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

– sends billings to business.

– utilizes their own lorry for work purposes.

Volunteers

Volunteers are not workers under the ESA. However, the reality that someone is called a „volunteer” does not figure out whether that person is an employee and entitled to the defenses of the ESA.

The primary elements that determine whether somebody is a volunteer or a staff member are just how much:

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

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

In family-run organizations, the question will typically be whether the person is supplying services in pursuit of a living or in service of the household.

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

The reality that no incomes were paid does not always imply that someone is a volunteer. The fact that there was some kind of payment does not always imply somebody is a worker. For example, an honorarium might have been paid, instead of wages.