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The Employment Standards Act (ESA) uses to workers.

An employee consists of an individual who:

- carries out work for an employer for wages
- products services to an employer for wages
- receives training from a company, if the ability in which the person is being trained is an ability utilized by the employer's employees
- is a homeworker
- was a staff member
Effective March 21, 2024, a staff member includes a person who performs work during a trial duration for a company, if the abilities being evaluated throughout the trial duration are abilities utilized by the employer's employees or might be used by staff members if there are no other employees. For instance, where an employer of a restaurant asks a job candidate to work a trial shift waiting tables to show their ability to carry out the job, even where no work offer has been made to that prospect, the individual 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 an employee may be entitled to rights such as:

- minimum wage
- overtime pay
- public holidays
- trip with pay
- notice of termination or termination pay
Under the ESA, employers are not enabled to deal with employees covered by the Act as if they are not employees. If a company misclassifies a worker in this method, an employment requirements officer can provide a notice of conflict that results in a penalty, a prosecution or both versus the employer.

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

Discover more about worker rights under the ESA.

How to tell who is a worker

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

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

If you're uncertain 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
at 1-800-531-5551
TTY 1-866-567-8893
The Information Centre can help callers in multiple languages. They can offer general details about who is a worker however can not supply suggestions.

If you're still not sure whether someone is a worker, please talk to a lawyer.

How to inform who is an independent specialist

An independent specialist is someone who is in company for themselves. A person might be considered an independent professional, and not covered by the ESA, when a minimum of a few of the following uses:

- the service can end the individual's agreement for services, however can not discipline the individual
- the individual:- has the chance to make a profit and has a danger of losing money from the work
- figures out how, when or where the work is carried out
- decides whether to farm out some of the work

Example

Fariah works as a client service agent for a sales company. She needs to work Monday to Friday from 9:00 a.m. to 5:00 p.m. in the service's workplace. She utilizes business'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 agreement states that she is an independent specialist therefore she does not get overtime pay, vacation pay or public vacation pay.

Fariah believes she may in fact be an employee and might be entitled to overtime pay, trip pay and public holiday pay. She submits 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 company and links.gtanet.com.br discovers that she is an employee

It does not matter that Fariah signed the work contract specifying that she is an independent professional because the truths show she is an employee.

The employment standards officer orders the sales service to:

- pay Fariah the overtime pay, holiday pay and public holiday pay that she was entitled to as a worker.
- orders the employer to release wage statements and keep records
Employee or independent professional: Common misunderstandings

A person might be thought about a worker even if:

- the individual and business agree (orally or in composing) that the individual is an independent professional. It is the relationship in between the specific and the company (or person) that matters, not the label that is given to it
- the individual:- charges the harmonized sales tax (HST).
- submits invoices to business.
- uses their own vehicle for work functions.

Volunteers

Volunteers are not staff members under the ESA. However, the truth that someone is called a "volunteer" does not determine whether that person is an employee and entitled to the protections of the ESA.

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

- the company (or individual) gain from the person's services.
- the individual views the arrangement as remaining in pursuit of a living.
In family-run organizations, the concern will often be whether the person is providing services in pursuit of a living or in service of the family.

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

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