The Employment Standards Act (ESA) applies to staff members.

A staff member consists of an individual who:

- carries out work for a company for earnings
- supplies services to an employer for earnings
- receives training from a company, if the ability in which the individual is being trained is a skill utilized by the company's workers
- is a homeworker
- was an employee
Effective March 21, 2024, an employee includes a person who performs work during a trial duration for an employer, if the skills being evaluated during the trial period are abilities used by the employer's employees or could be utilized by employees if there are no other staff members. For instance, where an employer of a restaurant asks a task candidate to work a trial shift waiting tables to demonstrate their capability to perform the task, even where no employment deal has actually 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. A specific thought about a worker may be entitled to rights such as:

- base pay
- overtime pay
- public holidays
- trip with pay
- notification of termination or king-wifi.win termination pay
Under the ESA, employers are not allowed to treat employees covered by the Act as if they are not employees. If an employer misclassifies an employee in this method, an employment standards officer can provide a notification of contravention that results in a charge, a prosecution or both versus the company.

Please note, the ESA supplies minimum standards only. Some employees might have higher rights under an employment agreement, collective contract, the common law or other legislation.

Learn more about staff member rights under the ESA.

How to inform who is a staff member

The relationship between a specific and business (or person) they are working for identifies whether the person is an employee and entitled to securities under the ESA. A person may be considered a worker under the ESA when at least some of the following describes the relationship:

- the work the individual carries out is a vital part of business
- business decides:- what the person is to do
- just how much the person will be paid
- where and when the work is performed


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 help callers in several languages. They can provide basic details about who is a worker but can not offer advice.

If you're still uncertain whether someone is an employee, please talk to a legal representative.

How to inform who is an independent contractor

An independent professional is somebody who is in service for themselves. A person may be thought about an independent professional, and not covered by the ESA, when at least a few of the following uses:

- business can end the person's agreement for wiki.vst.hs-furtwangen.de services, however can not the person
- the person:- has the opportunity to make a revenue and has a danger of losing money from the work
- figures out how, when or where the work is performed
- chooses whether to farm out a few of the work


Example

Fariah works as a customer support representative for a sales organization. She must work Monday to Friday from 9:00 a.m. to 5:00 p.m. in the service's office. She utilizes the company's telephones and computers. 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 bad performance. Her work agreement specifies that she is an independent contractor therefore she does not receive overtime pay, vacation pay or public vacation pay.

Fariah believes she might really be a worker and may be entitled to overtime pay, holiday pay and public vacation pay. She submits a claim with the Ministry of Labour, Immigration, Training and scientific-programs.science Skills Development.

An employment standards officer investigates her claim. The officer takes a look at the relationship in between Fariah and the sales organization and finds that she is a worker

It does not matter that Fariah signed the work contract stating that she is an independent specialist due to the fact that the realities reveal she is a worker.

The employment standards officer orders the sales business to:

- pay Fariah the overtime pay, vacation pay and public holiday pay that she was entitled to as a worker.
- orders the employer to provide wage declarations and keep records
Employee or independent specialist: Common misconceptions

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

- the private and the company concur (orally or in writing) that the person is an independent specialist. It is the relationship in between the specific and the company (or individual) that matters, not the label that is offered to it
- the individual:- charges the balanced sales tax (HST).
- sends invoices to the organization.
- utilizes their own car for work functions.


Volunteers

Volunteers are not staff members under the ESA. However, the fact that someone is called a "volunteer" does not identify whether that person is a worker and entitled to the defenses of the ESA.

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

- business (or individual) gain from the person's services.
- the specific views the arrangement as remaining in pursuit of a living.
In family-run businesses, the question will often be whether the person is supplying services in pursuit of a living or in service of the household.

If the individual is supplying services to the family, instead of services in pursuit of a living, that individual is more most likely to be a volunteer.

The truth that no wages were paid does not always indicate that someone is a volunteer. The truth that there was some kind of payment does not necessarily suggest someone is an employee. For example, an honorarium might have been paid, rather than salaries.