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The Employment Standards Act (ESA) applies to workers.

A staff member consists of an individual who:

- carries out work for an employer for earnings
- materials services to a company for earnings
- gets training from an employer, if the ability in which the individual is being trained is an ability utilized by the employer's workers
- is a homeworker
- was an employee
Effective March 21, 2024, an employee includes a person who carries out work throughout a trial period for an employer, if the skills being evaluated throughout the trial period are abilities utilized by the employer's staff members or could be utilized by employees if there are no other employees. For instance, nerdgaming.science where a company of a restaurant asks a task candidate to work a trial shift waiting tables to show their capability to perform the task, even where no employment deal has been made to that prospect, 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. A private considered a worker may be entitled to rights such as:

- base pay
- overtime pay
- public vacations
- getaway with pay
- notice of termination or termination pay
Under the ESA, companies are not permitted to treat workers covered by the Act as if they are not workers. If a company misclassifies a staff member in this method, an employment standards officer can issue a notice of that leads to a charge, a prosecution or both against the employer.

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

Learn more about worker rights under the ESA.

How to inform who is a worker

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

- the work the specific performs is a fundamental part of business
- the business decides:- what the person is to do
- just how much the individual will be paid
- where and when the work is carried out


If you're unsure 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 assist callers in numerous languages. They can provide general info about who is an employee but can not offer recommendations.

If you're still not sure whether somebody is a staff member, please speak with a lawyer.

How to inform who is an independent specialist

An independent specialist is somebody who stays in business for themselves. A person may be considered 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 agreement for services, but can not discipline the individual
- the individual:- has the chance to make a revenue and has a danger of losing cash from the work
- figures out how, when or where the work is carried out
- decides whether to subcontract some of the work


Example

Fariah works as a customer service agent for a sales company. She must work Monday to Friday from 9:00 a.m. to 5:00 p.m. in business's office. 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 bad performance. Her employment agreement specifies that she is an independent professional and so she does not get overtime pay, holiday pay or public holiday pay.

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

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

It does not matter that Fariah signed the employment contract mentioning that she is an independent contractor due to the fact that the realities reveal she is a staff member.

The work requirements officer orders the sales company to:

- pay Fariah the overtime pay, vacation pay and public vacation pay that she was entitled to as a staff member.
- orders the company to release wage declarations and keep records
Employee or independent specialist: Common misunderstandings

An individual might be considered a worker even if:

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


Volunteers

Volunteers are not workers 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 primary elements that identify whether somebody is a volunteer or a staff member are how much:

- the service (or person) take advantage of the person's services.
- the specific views the plan as being in pursuit of a living.
In family-run companies, the question will typically be whether the individual is providing services in pursuit of a living or in service of the family.

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

The truth that no wages were paid does not necessarily mean that someone is a volunteer. The reality that there was some type of payment does not always suggest someone is a staff member. For instance, an honorarium may have been paid, rather than salaries.