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The Employment Standards Act (ESA) uses to employees.

A worker includes an individual who:

– performs work for job a company for salaries

– supplies services to a company for salaries

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

– is a homeworker

– was a worker

Effective March 21, 2024, an employee includes an individual who carries out work throughout a trial duration for a company, if the skills being assessed during the trial period are skills utilized by the employer’s workers or could be utilized by employees if there are no other staff members. For instance, where an employer of a dining establishment asks a task prospect to work a trial shift waiting tables to demonstrate their ability to carry out the job, even where no work offer has actually been made to that prospect, the person is a staff member under the ESA.

The ESA does not use to independent contractors, volunteers or other people who are not covered under the ESA. A private thought about a worker may 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 deal with workers covered by the Act as if they are not staff members. If an employer misclassifies a staff member in this method, a work standards officer can provide a notification of conflict that results in a penalty, a prosecution or both against the company.

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

Learn more about worker rights under the ESA.

How to tell who is a worker

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

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

– the service decides:- what the individual is to do

– how much the individual 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 multiple languages. They can give general information about who is a staff member but can not provide guidance.

If you’re still unsure whether somebody is a worker, please speak to a legal representative.

How to inform who is an independent specialist

An independent professional is someone who stays in business for themselves. An individual might be thought about an independent contractor, and job not by the ESA, when a minimum of a few of the following applies:

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

– the person:- has the chance to earn a profit and has a risk 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 customer care agent for a sales company. She must work Monday to Friday from 9:00 a.m. to 5:00 p.m. in the organization’s office. She uses the business’s telephones and computer systems. She is paid $25.50 per hour. Her work agreement does not have an end date, although her company can fire or discipline her for poor performance. Her employment agreement mentions that she is an independent specialist and job so she does not get overtime pay, trip pay or public holiday pay.

Fariah believes she may in fact be an employee and might be entitled to overtime pay, trip pay and public holiday pay. She sues with the Ministry of Labour, Immigration, Training and Skills Development.

A work requirements officer investigates her claim. The officer takes a look at the relationship between Fariah and the sales business and discovers that she is a worker

It does not matter that Fariah signed the work agreement stating that she is an independent specialist due to the fact that the facts show she is an employee.

The work requirements 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 specialist: Common mistaken beliefs

A person may be thought about a staff member even if:

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

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

– submits billings to business.

– utilizes their own lorry for work purposes.

Volunteers

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

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

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

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

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

If the person is offering services to the family, instead of 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 necessarily imply that someone is a volunteer. The truth that there was some form of payment does not always imply someone is an employee. For instance, an honorarium may have been paid, instead of incomes.