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About Us
5:00 P.m. in the Business’s Office
The Employment Standards Act (ESA) applies to workers.
A staff member includes a person who:
– carries out work for an employer for incomes
– supplies services to a company for salaries
– receives training from an employer, if the ability in which the individual is being trained is an ability used by the employer’s workers
– is a homeworker
– was an employee
Effective March 21, 2024, an employee consists of a person who performs work throughout a trial period for employment a company, if the skills being examined during the trial period are skills utilized by the employer’s workers or might be utilized by staff members if there are no other staff members. For example, where an employer of a restaurant asks a task candidate to work a trial shift waiting tables to show their capability to carry out the task, even where no employment offer has been made to that prospect, the person is an employee under the ESA.
The ESA does not use to independent professionals, employment volunteers or employment other individuals who are not covered under the ESA. An individual thought about an employee may be entitled to rights such as:
– minimum wage
– overtime pay
– public holidays
– trip with pay
– notice of termination or termination pay
Under the ESA, companies are not enabled to treat by the Act as if they are not staff members. If an employer misclassifies a worker in this method, an employment standards officer can provide a notification of breach that results in a charge, a prosecution or both versus the company.
Please note, the ESA supplies minimum requirements only. Some staff members may have higher rights under an employment agreement, cumulative arrangement, the typical law or other legislation.
Find out more about employee rights under the ESA.
How to tell who is a staff member
The relationship between an individual and the organization (or person) they are working for identifies whether the person is a worker and entitled to protections under the ESA. An individual might be considered an employee under the ESA when at least some of the following describes the relationship:
– the work the specific performs is a fundamental part of the company
– the company chooses:- what the individual is to do
– just how much the person will be paid
– where and employment when the work is carried out
If you’re uncertain 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 assist callers in several languages. They can offer basic details about who is a staff member however can not supply guidance.
If you’re still not sure whether someone is a staff member, please speak with a lawyer.
How to inform who is an independent contractor
An independent professional is someone who is in company on their own. A person might be thought about an independent contractor, and not covered by the ESA, when at least a few of the following applies:
– business can end the individual’s agreement for services, however can not discipline the person
– the individual:- has the opportunity to earn a profit and has a risk of losing money from the work
– determines how, when or where the work is performed
– decides whether to subcontract a few of the work
Example
Fariah works as a consumer service representative for a sales service. She needs to work Monday to Friday from 9:00 a.m. to 5:00 p.m. in business’s office. She utilizes business’s telephones and computers. 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 poor efficiency. Her employment contract specifies that she is an independent specialist and so she does not get overtime pay, vacation pay or employment public vacation pay.
Fariah believes she may really be an employee and might be entitled to overtime pay, getaway pay and public vacation pay. She files a claim with the Ministry of Labour, Immigration, Training and Skills Development.
An employment standards officer examines her claim. The officer takes a look at the relationship in between Fariah and the sales business and discovers that she is a staff member
It does not matter that Fariah signed the employment agreement stating that she is an independent professional because the facts reveal she is a staff member.
The work requirements officer orders the sales company to:
– pay Fariah the overtime pay, holiday pay and public vacation pay that she was entitled to as a worker.
– orders the company to provide wage statements and keep records
Employee or independent specialist: Common misunderstandings
An individual may be thought about an employee even if:
– the private and employment business concur (orally or in writing) that the person is an independent contractor. It is the relationship in between the private and the business (or person) that matters, not the label that is provided to it
– the individual:- charges the harmonized sales tax (HST).
– sends billings to the business.
– utilizes their own automobile for work purposes.
Volunteers
Volunteers are not staff members under the ESA. However, the fact 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 factors that identify whether someone is a volunteer or a staff member are how much:
– the company (or individual) gain from the individual’s services.
– the specific views the arrangement as remaining in pursuit of a living.
In family-run services, the question will typically be whether the person is providing services in pursuit of a living or in service of the family.
If the individual is providing services to the household, rather than services in pursuit of a living, that individual is most likely to be a volunteer.
The reality that no wages were paid does not necessarily imply that somebody is a volunteer. The fact that there was some kind of payment does not necessarily indicate someone is a staff member. For instance, an honorarium might have been paid, instead of salaries.