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

A staff member consists of an individual who:

- carries out work for an employer for incomes
- products services to a company for wages
- gets training from a company, if the skill in which the individual is being trained is a skill utilized by the employer's workers
- is a homeworker
- was a worker
Effective March 21, users.atw.hu 2024, a worker includes an individual who carries out work throughout a trial period for a company, if the skills being evaluated throughout the trial period are skills utilized by the company's employees or could be by workers if there are no other staff members. For example, where an employer of a dining establishment asks a job prospect to work a trial shift waiting tables to show their ability to perform the job, even where no work deal has actually been made to that candidate, the person is an employee under the ESA.

The ESA does not use to independent contractors, volunteers or other people who are not covered under the ESA. An individual thought about a worker might be entitled to rights such as:

- minimum wage
- overtime pay
- public vacations
- holiday with pay
- notification of termination or termination pay
Under the ESA, akropolistravel.com companies are not allowed to deal with workers covered by the Act as if they are not workers. If an employer misclassifies a worker in this method, a work standards officer can issue a notification of breach that leads to a penalty, a prosecution or users.atw.hu both against the employer.

Please note, the ESA provides minimum standards just. Some staff members may have greater 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 between a specific and business (or person) they are working for identifies whether the person is an employee and entitled to protections under the ESA. An individual may be thought about an employee under the ESA when a minimum of some of the following describes the relationship:

- the work the specific performs is a crucial part of business
- business decides:- what the person is to do
- 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 assist callers in multiple languages. They can offer general info about who is an employee however can not supply advice.

If you're still uncertain whether someone is a staff member, please talk with a legal representative.

How to tell who is an independent contractor

An independent contractor is somebody who stays in business on their own. A person may be thought about an independent professional, and not covered by the ESA, when a minimum of some of the following uses:

- the business can end the person's agreement for services, but can not discipline the person
- the person:- has the opportunity to make a revenue and has a risk of losing cash from the work
- determines how, when or where the work is carried out
- decides whether to subcontract some of the work


Example

Fariah works as a customer support agent for a sales company. She must work Monday to Friday from 9:00 a.m. to 5:00 p.m. in business's workplace. She utilizes the organization's telephones and computer systems. She is paid $25.50 per hour. Her employment agreement 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 therefore she does not receive overtime pay, trip pay or public holiday pay.

Fariah believes she may actually be a worker and might be entitled to overtime pay, holiday pay and public vacation pay. She files a claim with the Ministry of Labour, Immigration, Training and Skills Development.

An employment requirements officer investigates her claim. The officer looks at the relationship in between Fariah and the sales organization and discovers that she is an employee

It does not matter that Fariah signed the work contract stating that she is an independent professional due to the fact that the facts show she is a worker.

The work standards officer orders the sales company to:

- pay Fariah the overtime pay, trip pay and public vacation pay that she was entitled to as an employee.
- orders the employer to provide wage declarations and keep records
Employee or independent contractor: Common misconceptions

A person may be thought about an employee even if:

- the individual and the company agree (orally or links.gtanet.com.br in composing) that the person is an independent professional. It is the relationship between the specific and the service (or person) that matters, not the label that is provided to it
- the individual:- charges the balanced sales tax (HST).
- submits billings to business.
- utilizes their own automobile for work functions.


Volunteers

Volunteers are not employees under the ESA. However, the reality that someone is called a "volunteer" does not determine whether that person is a staff member and entitled to the protections of the ESA.

The primary aspects that identify whether someone is a volunteer or an employee are just how much:

- business (or person) gain from the person's services.
- the individual views the plan as being in pursuit of a living.
In family-run companies, the question will frequently be whether the person is providing services in pursuit of a living or in service of the household.

If the person is supplying services to the household, rather than services in pursuit of a living, that individual is more most likely to be a volunteer.

The truth that no incomes were paid does not necessarily mean that someone is a volunteer. The truth that there was some kind of payment does not necessarily imply somebody is an employee. For pattern-wiki.win example, an honorarium might have been paid, rather than wages.