Rejobbing

5:00 P.m. in the Business’s Office

The Employment Standards Act (ESA) uses to workers.

A staff member consists of an individual who:

– carries out work for an employer for wages

– products services to an employer 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 a person who performs work throughout a trial period for a company, if the skills being evaluated throughout the trial period are skills used by the employer’s workers or could be used by workers if there are no other staff members. For example, where a company of a restaurant asks a task candidate to work a trial shift waiting tables to demonstrate their ability to carry out the task, even where no work deal has been made to that prospect, the individual 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 specific considered an employee may be entitled to rights such as:

– base pay

– overtime pay

– public holidays

– holiday with pay

– notification of termination or termination pay

Under the ESA, employers are not allowed to deal with workers covered by the Act as if they are not staff members. If an employer misclassifies a worker in this way, a work requirements officer can release a notice of contravention that results in a penalty, a prosecution or both against the employer.

Please note, the ESA supplies minimum standards just. Some workers might have greater rights under an employment agreement, employment collective arrangement, the common law or other legislation.

Find out more about staff member rights under the ESA.

How to tell who is an employee

The relationship between an individual and business (or person) they are working for figures out whether the person is a staff member and entitled to securities under the ESA. A person might be thought about a worker under the ESA when at least some of the following explains the relationship:

– the work the individual carries out is a fundamental part of the company

– business chooses:- what the individual is to do

– how much the person 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 offer basic details about who is a staff member but can not offer guidance.

If you’re still uncertain whether someone is an employee, please speak with an attorney.

How to inform who is an independent specialist

An independent specialist is someone who stays in business on their own. A person might be considered an independent specialist, and not covered by the ESA, when a minimum of a few of the following applies:

– the company can end the individual’s agreement for employment services, however can not discipline the person

– the individual:- has the opportunity to earn a profit and has a threat of losing cash from the work

– determines how, when or where the work is performed

– chooses whether to subcontract a few of the work

Example

Fariah works as a customer support representative for a sales service. She should work Monday to Friday from 9:00 a.m. to 5:00 p.m. in . She uses business’s telephones and computer systems. She is paid $25.50 per hour. Her work 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, holiday pay or public holiday pay.

Fariah believes she might in fact be a staff member and may be entitled to overtime pay, vacation pay and public vacation pay. She sues with the Ministry of Labour, Immigration, Training and Skills Development.

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

It does not matter that Fariah signed the work contract mentioning that she is an independent contractor because the realities show she is a staff member.

The employment standards officer orders the sales service to:

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

– orders the company to issue wage declarations and keep records

Employee or independent contractor: Common misunderstandings

A person may be thought about a worker even if:

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

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

– sends billings to business.

– utilizes their own automobile for work functions.

Volunteers

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

The primary factors that figure out whether somebody is a volunteer or an employee are just how much:

– business (or individual) take advantage of the person’s services.

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

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

If the person is offering services to the family, rather than services in pursuit of a living, that person is most likely to be a volunteer.

The truth 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 somebody is a staff member. For instance, an honorarium might have been paid, rather than incomes.