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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 salaries
- supplies services to a company for salaries
- gets training from a company, if the ability in which the person is being trained is a skill utilized by the company's employees
- is a homeworker
- was an employee
Effective March 21, 2024, an employee includes a person who performs work during a trial period for a company, if the abilities being assessed throughout the trial period are skills used by the company's employees or might be used by staff members if there are no other workers. For instance, where an employer of a restaurant asks a job prospect to work a trial shift waiting tables to show their ability to carry out the job, 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 specialists, volunteers or other individuals who are not covered under the ESA. An individual thought about an employee might be entitled to rights such as:

- minimum wage
- overtime pay
- public holidays
- trip with pay
- notice of termination or termination pay
Under the ESA, companies are not enabled to treat staff members covered by the Act as if they are not workers. If a company misclassifies a staff member in this way, an employment standards officer can issue a notification of contravention that results in a charge, a prosecution or both versus the company.

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

more about staff member rights under the ESA.

How to inform who is a worker

The relationship in between an individual and business (or person) they are working for figures out whether the individual is a staff member 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 private performs is a crucial part of the company
- business chooses:- what the person is to do
- just how much the person will be paid
- where and when the work is carried out

If you're unsure 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 a staff member however can not offer suggestions.

If you're still uncertain whether somebody is a worker, please talk to a legal representative.

How to inform who is an independent specialist

An independent professional is somebody who is in business on their own. An individual may be thought about an independent specialist, and not covered by the ESA, when a minimum of a few of the following uses:

- the organization can end the person's agreement for services, but can not discipline the individual
- the person:- has the chance to make an earnings and has a risk of losing money from the work
- determines how, when or where the work is carried out
- decides whether to subcontract a few of the work

Example

Fariah works as a customer care representative for a sales company. She must work Monday to Friday from 9:00 a.m. to 5:00 p.m. in the organization's workplace. She utilizes the business's telephones and computer systems. She is paid $25.50 per hour. Her work agreement does not have an end date, although her company can fire or discipline her for bad performance. Her employment agreement states that she is an independent contractor therefore she does not receive overtime pay, trip pay or public holiday pay.

Fariah thinks she might really be a staff member and might be entitled to overtime pay, vacation pay and public vacation pay. She files a claim with the Ministry of Labour, Immigration, Training and Skills Development.

An employment standards officer examines her claim. The officer takes a look at the relationship between Fariah and the sales service and finds that she is an employee

It does not matter that Fariah signed the work contract mentioning that she is an independent specialist due to the fact that the truths show she is a worker.

The employment standards 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 employer to issue wage statements and keep records
Employee or independent specialist: Common misunderstandings

An individual might be thought about a staff member even if:

- the specific and the business agree (orally or in writing) that the person is an independent contractor. It is the relationship in between the private and employment 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 the company.
- 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 person is a staff member and entitled to the securities of the ESA.

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

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

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

The fact that no earnings were paid does not necessarily imply that someone is a volunteer. The fact that there was some kind of payment does not necessarily mean someone is a staff member. For example, an honorarium may have been paid, instead of incomes.