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

A worker includes an individual who:

- carries out work for a company for earnings
- products services to a company for salaries
- receives training from a company, if the ability in which the person is being trained is a skill used by the employer's employees
- is a homeworker
- was an employee
Effective March 21, employment 2024, employment an employee consists of a person who performs work during a trial duration for a company, if the abilities being evaluated throughout the trial duration are skills used by the company's staff members or might be used by staff members if there are no other staff members. For example, where a company of a dining establishment asks a task candidate to work a trial shift waiting tables to show their capability to perform the task, even where no employment offer has been made to that prospect, the individual is an employee under the ESA.

The ESA does not apply to independent contractors, volunteers or other individuals who are not covered under the ESA. A private considered an employee might be entitled to rights such as:

- minimum wage
- overtime pay
- public holidays
- vacation with pay
- notification of termination or termination pay
Under the ESA, employers are not enabled to treat staff members covered by the Act as if they are not workers. If a company misclassifies a worker in this method, employment an employment standards officer can release a notification of conflict that leads to a penalty, a prosecution or both against the company.

Please note, the ESA offers minimum requirements just. Some workers may have greater rights under an employment contract, collective contract, the common law or other legislation.

Discover more about staff member rights under the ESA.

How to tell who is a staff member

The relationship between a specific and business (or person) they are working for determines whether the person is an employee and entitled to securities under the ESA. An individual may be thought about a staff member under the ESA when a minimum of a few of the following describes the relationship:

- the work the specific performs is an essential part of the business
- the business chooses:- what the person is to do
- how much the person will be paid
- where and when the work is performed

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 provide basic details about who is an employee however can not supply guidance.

If you're still unsure whether someone is a worker, please talk with a legal representative.

How to inform who is an independent contractor

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

- business can end the person's contract for services, however can not discipline the person
- the individual:- has the opportunity to make a profit and has a threat of losing cash from the work
- figures out how, when or where the work is performed
- chooses whether to farm out some of the work

Example

Fariah works as a customer service representative for a sales company. She should work Monday to Friday from 9:00 a.m. to 5:00 p.m. in the business's workplace. She uses 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 company can fire or discipline her for poor performance. Her employment agreement states that she is an independent professional therefore she does not get overtime pay, trip pay or public vacation pay.

Fariah believes she might actually be an employee and may be entitled to overtime pay, getaway pay and public holiday pay. She sues with the Ministry of Labour, Immigration, Training and Skills Development.

A work standards officer investigates her claim. The officer looks at the relationship between Fariah and the sales business and discovers that she is an employee

It does not matter that Fariah signed the employment agreement specifying that she is an independent professional due to the fact that the truths reveal she is a worker.

The employment standards officer orders the sales company to:

- pay Fariah the overtime pay, and public vacation pay that she was entitled to as a staff member.
- orders the employer to issue wage statements and keep records
Employee or independent contractor: Common misconceptions

An individual might be thought about an employee even if:

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

Volunteers

Volunteers are not employees under the ESA. However, the truth that someone is called a "volunteer" does not figure out whether that person is an employee and employment entitled to the securities of the ESA.

The main factors that figure out whether somebody is a volunteer or a staff member are just how much:

- the business (or person) take advantage of the person's services.
- the private views the arrangement as remaining in pursuit of a living.
In family-run organizations, the concern will typically be whether the person is supplying services in pursuit of a living or in service of the household.

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

The truth that no earnings were paid does not always mean that somebody is a volunteer. The fact that there was some kind of payment does not necessarily mean somebody is a worker. For example, an honorarium might have been paid, rather than wages.