Overview

  • Founded Date July 24, 1911
  • Sectors General Labour
  • Posted Jobs 0
  • Viewed 16

Company Description

5:00 P.m. in Business’s Office

The Employment Standards Act (ESA) applies to workers.

A worker includes an individual who:

– performs work for an employer for incomes

– products services to an employer for earnings

– receives training from an employer, if the skill in which the individual is being trained is a skill utilized by the employer’s employees

– is a homeworker

– was a staff member

Effective March 21, 2024, an employee consists of an individual who carries out work throughout a trial duration for a company, if the skills being assessed throughout the trial period are skills used by the company’s staff members or could be utilized by staff members if there are no other staff members. For example, where an employer of a dining establishment asks a job candidate to work a trial shift waiting tables to show their ability to carry out the job, even where no employment offer has been made to that prospect, the person is a staff member under the ESA.

The ESA does not apply to independent contractors, volunteers or other individuals who are not covered under the ESA. An individual considered a staff member may be entitled to rights such as:

– minimum wage

– overtime pay

– public vacations

– vacation with pay

– notification of termination or termination pay

Under the ESA, employers are not enabled to deal with staff members covered by the Act as if they are not employees. If a company misclassifies a worker in this way, an employment requirements officer can release a notification of contravention that leads to a charge, a prosecution or both against the company.

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

Discover more about staff member rights under the ESA.

How to tell who is an employee

The relationship in between a private and business (or individual) they are working for employment figures out whether the person is a staff member and entitled to securities under the ESA. A person might be thought about an employee under the ESA when a minimum of some of the following describes the relationship:

– the work the specific carries out is a fundamental part of business

– the company chooses:- what the individual is to do

– how much the individual 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 numerous languages. They can provide general info about who is a staff member however can not offer suggestions.

If you’re still uncertain whether somebody is a staff member, please talk with a lawyer.

How to inform who is an independent contractor

An independent specialist is somebody who stays in business for employment themselves. An individual might be considered an independent professional, and not covered by the ESA, when at least a few of the following applies:

– the organization can end the individual’s agreement for services, but can not discipline the individual

– the person:- has the chance to make an earnings and employment has a risk of losing cash from the work

– figures out how, when or where the work is carried out

– chooses whether to farm out a few of the work

Example

Fariah works as a consumer service representative for employment a sales service. She must work Monday to Friday from 9:00 a.m. to 5:00 p.m. in the organization’s workplace. She utilizes the organization’s telephones and computers. She is paid $25.50 per hour. Her work contract does not have an end date, although her employer can fire or discipline her for bad efficiency. Her employment agreement specifies that she is an independent professional and so she does not get overtime pay, trip pay or public vacation pay.

Fariah believes she may in fact be a staff member and might 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 investigates her claim. The officer looks at the relationship in between Fariah and the sales organization and finds that she is an employee

It does not matter that Fariah signed the work agreement specifying that she is an independent professional because the realities show she is a staff member.

The employment requirements officer orders the sales company 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 declarations and keep records

Employee or independent specialist: Common misunderstandings

A person might be considered a worker even if:

– the private and business concur (orally or in writing) that the person is an independent contractor. It is the relationship in between the individual and the business (or person) that matters, not the label that is offered to it

– the individual:- charges the harmonized sales tax (HST).

– sends invoices to business.

– uses their own vehicle for work purposes.

Volunteers

are not workers under the ESA. However, the truth that someone is called a “volunteer” does not figure out whether that individual is a staff member and entitled to the defenses of the ESA.

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

– the company (or individual) gain from the individual’s services.

– the individual views the plan as remaining in pursuit of a living.

In family-run organizations, the concern will frequently be whether the individual is offering 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 more most likely to be a volunteer.

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