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The Employment Standards Act (ESA) applies to employees.

A staff member consists of an individual who:

- performs work for a company for salaries
- materials services to a company for wages
- gets training from an employer, if the skill in which the person is being trained is an ability utilized by the employer's workers
- is a homeworker
- was a staff member
Effective March 21, 2024, a worker consists of an individual who carries out work throughout a trial period for an employer, if the abilities being assessed during the trial period are abilities utilized by the company's staff members or might be utilized by staff members if there are no other workers. For example, where a company of a restaurant asks a task prospect to work a trial shift waiting tables to show their ability to carry out the task, even where no employment deal has been made to that prospect, the person is a worker under the ESA.

The ESA does not apply to independent professionals, volunteers or other individuals who are not covered under the ESA. A specific thought about an employee may 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 permitted to treat employees covered by the Act as if they are not workers. If a company misclassifies an employee in this way, a work requirements officer can issue a notification of contravention that results in a charge, a prosecution or both versus the employer.

Please note, the ESA provides minimum standards just. Some workers may have higher rights under an employment contract, cumulative 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 in between a specific and business (or person) they are working for identifies whether the individual is a worker and entitled to protections under the ESA. An individual may be thought about an employee under the ESA when at least some of the following describes the relationship:

- the work the individual carries out is a fundamental part of the company
- the business decides:- 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 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 numerous languages. They can provide general information about who is an employee however can not provide guidance.

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

How to tell who is an independent contractor

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

- the business can end the individual's agreement for services, however can not discipline the person
- the person:- has the opportunity to earn a profit and has a risk of losing money from the work
- identifies how, when or where the work is carried out
- chooses whether to farm out some of the work


Example

Fariah works as a customer care representative for a sales organization. She needs to work Monday to Friday from 9:00 a.m. to 5:00 p.m. in the organization's office. She uses business's telephones and computer systems. She is paid $25.50 per hour. Her work contract does not have an end date, tuttocamere.it although her company can fire or discipline her for bad efficiency. Her employment agreement mentions that she is an independent contractor therefore she does not get overtime pay, vacation pay or public vacation pay.

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

An employment requirements officer her claim. The officer takes a look at the relationship between Fariah and the sales company and discovers that she is an employee

It does not matter that Fariah signed the employment agreement mentioning that she is an independent professional since the truths reveal she is a staff member.

The work requirements officer orders the sales business to:

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

An individual might be thought about an employee even if:

- the private and business agree (orally or in writing) that the individual is an independent professional. It is the relationship between the private and the organization (or individual) that matters, not the label that is provided to it
- the person:- charges the balanced sales tax (HST).
- sends invoices to the business.
- utilizes their own car for work purposes.


Volunteers

Volunteers are not workers under the ESA. However, the reality that someone is called a "volunteer" does not identify whether that individual is an employee and entitled to the defenses of the ESA.

The primary aspects that figure out whether someone is a volunteer or a worker are how much:

- the business (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 question will typically be whether the person is providing services in pursuit of a living or in service of the household.

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

The truth that no incomes were paid does not necessarily imply that someone is a volunteer. The fact that there was some kind of payment does not necessarily indicate somebody is an employee. For instance, akropolistravel.com an honorarium may have been paid, rather than wages.