
Quvah
Employer Description
5:00 P.m. in Business’s Office
The Employment Standards Act (ESA) uses to staff members.
A worker consists of a person who:
– performs work for an employer for earnings
– products services to a company for incomes
– gets training from a company, if the skill in which the person is being trained is an ability utilized by the employer’s workers
– is a homeworker
– was a staff member
Effective March 21, 2024, a worker includes an individual who performs work throughout a trial period for an employer, if the abilities being evaluated throughout the are skills used by the company’s workers or might be used by workers if there are no other staff members. For instance, where a company of a dining establishment asks a job prospect to work a trial shift waiting tables to demonstrate their capability to perform the job, even where no work offer has been made to that candidate, the person is a staff member under the ESA.
The ESA does not use to independent specialists, volunteers or other individuals who are not covered under the ESA. A specific considered an employee may be entitled to rights such as:
– minimum wage
– overtime pay
– public vacations
– holiday with pay
– notification of termination or termination pay
Under the ESA, employers are not permitted to treat workers covered by the Act as if they are not workers. If a company misclassifies a staff member in this way, an employment requirements officer can release a notice of contravention that results in a charge, a prosecution or both against the employer.
Please note, the ESA provides minimum requirements only. Some workers may have higher rights under a work contract, collective contract, the common law or other legislation.
Find out more about worker rights under the ESA.
How to tell who is a staff member
The relationship in between a specific and the company (or person) they are working for figures out whether the person is an employee and entitled to protections under the ESA. A person may be thought about an employee under the ESA when a minimum of a few of the following explains the relationship:
– the work the individual performs is a fundamental part of business
– business decides:- what the individual is to do
– just how much the individual will be paid
– where and when the work is carried out
If you’re not sure 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 provide basic information about who is a worker however can not offer recommendations.
If you’re still not sure whether somebody is a staff member, please speak to an attorney.
How to inform who is an independent professional
An independent contractor is someone who is in service on their own. An individual may be considered an independent specialist, and not covered by the ESA, when at least a few of the following uses:
– the company can end the person’s agreement for employment services, however can not discipline the person
– the person:- has the opportunity to make a profit and has a threat of losing money from the work
– identifies how, employment when or where the work is performed
– chooses whether to subcontract a few of the work
Example
Fariah works as a client service representative for a sales organization. She must work Monday to Friday from 9:00 a.m. to 5:00 p.m. in business’s workplace. She uses business’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 poor performance. Her work contract states that she is an independent professional therefore she does not get overtime pay, vacation pay or public vacation pay.
Fariah thinks she may really be a worker and employment may be entitled to overtime pay, getaway pay and employment public vacation pay. She files a claim with the Ministry of Labour, Immigration, Training and Skills Development.
An employment standards officer investigates her claim. The officer looks at the relationship in between Fariah and the sales company and employment discovers that she is an employee
It does not matter that Fariah signed the employment agreement stating that she is an independent professional because the realities show she is a worker.
The employment standards officer orders the sales service to:
– pay Fariah the overtime pay, vacation pay and public holiday pay that she was entitled to as a worker.
– orders the employer to release wage declarations and employment keep records
Employee or employment independent contractor: Common misunderstandings
A person might be thought about a worker even if:
– the individual and business concur (orally or in writing) that the person is an independent contractor. 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).
– sends invoices to business.
– utilizes their own automobile 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 individual is a worker and entitled to the defenses of the ESA.
The main elements that identify whether somebody is a volunteer or a staff member are how much:
– business (or person) benefits from the person’s services.
– the specific views the plan as being in pursuit of a living.
In family-run services, the concern will often be whether the individual is offering services in pursuit of a living or in service of the household.
If the individual is providing services to the household, rather than services in pursuit of a living, that individual is more most likely to be a volunteer.
The fact that no salaries were paid does not always mean that someone is a volunteer. The truth that there was some form of payment does not necessarily mean someone is a staff member. For example, an honorarium may have been paid, instead of salaries.