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The Employment Standards Act (ESA) uses to employees.

A worker includes a person who:

– carries out work for a company for earnings

– products services to an employer for earnings

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

– is a homeworker

– was a staff member

Effective March 21, 2024, a worker includes a person who performs work during a trial period for a company, if the abilities being evaluated throughout the trial duration are abilities used by the company’s employees or might be utilized by staff members if there are no other staff members. For instance, where a company of a dining establishment asks a job candidate to work a trial shift waiting tables to show their ability to perform the job, even where no work offer has been made to that candidate, the individual is a worker under the ESA.

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

– minimum wage

– overtime pay

– public holidays

– vacation with pay

– notification of termination or termination pay

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

Please note, job the ESA provides minimum requirements only. Some employees may have higher rights under an employment agreement, collective arrangement, the common law or other legislation.

Learn more about worker rights under the ESA.

How to tell who is an employee

The relationship in between a specific and the business (or job person) they are working for identifies whether the person is a staff member and entitled to protections under the ESA. A person may be thought about a worker under the ESA when at least some of the following explains the relationship:

– the work the individual performs is a fundamental part of the company

– business decides:- what the person is to do

– just how much the person will be paid

– where and when the work is carried out

If you’re not sure 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 assist callers in multiple languages. They can give basic details about who is a worker but can not supply suggestions.

If you’re still unsure whether somebody is an employee, please speak with an attorney.

How to inform who is an independent specialist

An independent professional is somebody who is in service on their own. A person might be considered an independent specialist, and not covered by the ESA, when at least a few of the following applies:

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

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

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

– chooses whether to subcontract some of the work

Example

Fariah works as a client service agent for a sales service. She should work Monday to Friday from 9:00 a.m. to 5:00 p.m. in business’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 bad efficiency. Her work agreement states that she is an independent contractor therefore she does not receive overtime pay, vacation pay or public holiday pay.

Fariah believes she may actually be a staff member and may be entitled to overtime pay, holiday pay and public holiday pay. She files a claim with the Ministry of Labour, Immigration, job Training and Skills Development.

An employment requirements officer examines her claim. The officer looks at the relationship between Fariah and the sales business and discovers that she is a worker

It does not matter that Fariah signed the employment agreement specifying that she is an independent specialist because the truths show she is a staff member.

The employment standards officer orders the sales service to:

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

– orders the company to provide wage statements and keep records

or independent specialist: Common misconceptions

A person may be thought about a worker even if:

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

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

– submits invoices to the business.

– utilizes their own car for work functions.

Volunteers

Volunteers are not workers under the ESA. However, the reality that someone is called a “volunteer” does not identify whether that individual is a worker and entitled to the protections of the ESA.

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

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

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

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

If the person is providing 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 necessarily indicate that somebody is a volunteer. The reality that there was some kind of payment does not necessarily suggest somebody is an employee. For example, job an honorarium may have been paid, rather than incomes.