5:00 P.m. in Business’s Office

The Employment Standards Act (ESA) uses to workers.

A staff member consists of a person who:

– performs work for a company for wages

– products services to a company for salaries

– gets training from a company, if the skill in which the individual is being trained is an ability used by the company’s staff members

– is a homeworker

– was a worker

Effective March 21, 2024, a staff member consists of an individual who performs work during a trial duration for a company, if the abilities being assessed throughout the trial duration are abilities used by the employer’s staff members or could be utilized by employees if there are no other . For example, employment where an employer of a dining establishment asks a task prospect to work a trial shift waiting tables to demonstrate their ability to perform the task, even where no employment deal has actually been made to that candidate, the individual is a staff member under the ESA.

The ESA does not apply to independent specialists, employment volunteers or other people who are not covered under the ESA. An individual considered a staff member may be entitled to rights such as:

– minimum wage

– overtime pay

– public vacations

– holiday with pay

– notice of termination or termination pay

Under the ESA, employers are not permitted to deal with workers covered by the Act as if they are not workers. If a company misclassifies a staff member in this method, a work standards officer can release a notification of conflict that results in a charge, a prosecution or both against the employer.

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

Discover more about staff member rights under the ESA.

How to inform who is a staff member

The relationship between an individual and business (or person) they are working for figures out whether the individual is a staff member and entitled to defenses under the ESA. An individual may be considered a worker under the ESA when a minimum of some of the following describes the relationship:

– the work the private performs is an important part of business

– the 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 unsure who is an employee 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 give general information about who is a staff member but can not provide advice.

If you’re still unsure whether somebody is a staff member, please talk with 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 thought about an independent contractor, and not covered by the ESA, when a minimum of some of the following uses:

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

– the person:- has the opportunity to earn a profit and has a risk of losing money 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 customer support representative for a sales organization. She should work Monday to Friday from 9:00 a.m. to 5:00 p.m. in business’s office. She uses the service’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 employment bad performance. Her employment agreement states that she is an independent specialist therefore she does not get overtime pay, trip pay or employment public holiday pay.

Fariah believes she might actually be a staff member and may be entitled to overtime pay, holiday pay and public vacation pay. She files a claim 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 between Fariah and employment the sales service and finds that she is a worker

It does not matter that Fariah signed the employment agreement stating that she is an independent specialist because the realities reveal she is a staff member.

The work standards officer orders the sales service to:

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

– orders the employer to release wage statements and keep records

Employee or independent professional: Common mistaken beliefs

An individual may be considered a worker even if:

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

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

– submits invoices to the company.

– uses their own car for work functions.

Volunteers

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

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

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

– the private views the arrangement as remaining in pursuit of a living.

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

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

The reality that no earnings were paid does not always suggest that someone is a volunteer. The truth that there was some type of payment does not necessarily suggest someone is a staff member. For example, an honorarium may have been paid, employment instead of salaries.