The Employment Standards Act (ESA) applies to workers.

A worker includes an individual who:

- carries out work for a company for wages
- products services to an employer for incomes
- gets 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, an employee consists of a person who carries out work during a trial period for an employer, if the skills being evaluated throughout the trial period are skills utilized by the employer's workers or might be used by workers if there are no other employees. For example, where an employer of a dining establishment 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 individual is a staff member under the ESA.

The ESA does not use to independent contractors, volunteers or other individuals who are not covered under the ESA. A specific thought about a worker may be entitled to rights such as:

- base pay
- overtime pay
- public holidays
- vacation with pay
- notification of termination or termination pay
Under the ESA, companies are not allowed to treat workers covered by the Act as if they are not workers. If an employer misclassifies an employee in this method, a work standards officer can provide a notice of breach that leads to a charge, a prosecution or both against the company.

Please note, the ESA offers minimum standards only. Some employees may have greater rights under an employment agreement, cumulative arrangement, the typical law or other legislation.

Find out more about employee rights under the ESA.

How to tell who is an employee

The relationship in between a specific and business (or person) they are working for determines whether the individual is an employee and entitled to defenses under the ESA. A person might be considered a staff member under the ESA when at least a few of the following explains the relationship:

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


If you're unsure who is a staff member under the ESA, call the Ministry of Labour, Immigration, Training and employment 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 basic info about who is a worker but can not supply suggestions.

If you're still not sure whether somebody is a worker, please talk with an attorney.

How to inform who is an independent specialist

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

- business can end the person's contract for services, however can not discipline the individual
- the individual:- has the chance to make an earnings and has a threat of losing money from the work
- identifies how, when or where the work is carried out
- chooses whether to subcontract a few of the work


Example

Fariah works as a customer support agent for a sales business. She should work Monday to Friday from 9:00 a.m. to 5:00 p.m. in the organization's workplace. She uses business'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 efficiency. Her employment contract specifies that she is an independent professional therefore she does not receive overtime pay, getaway pay or public holiday pay.

Fariah believes she may really 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 Skills Development.

A work standards officer examines her claim. The officer looks at the relationship in between Fariah and the sales organization and finds that she is a worker

It does not matter that Fariah signed the employment agreement stating that she is an independent contractor due to the fact that the truths show she is a staff member.

The employment requirements officer orders the sales company to:

- pay Fariah the overtime pay, vacation pay and pay that she was entitled to as a worker.
- orders the company to provide wage statements and keep records
Employee or independent professional: Common mistaken beliefs

A person might be thought about an employee even if:

- the individual and the organization agree (orally or in composing) that the individual is an independent contractor. It is the relationship in between the private and the company (or individual) that matters, not the label that is offered to it
- the individual:- charges the balanced sales tax (HST).
- submits invoices to business.
- uses their own automobile for employment work purposes.


Volunteers

Volunteers are not workers under the ESA. However, the truth that someone is called a "volunteer" does not figure out whether that person is an employee and entitled to the defenses of the ESA.

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

- business (or individual) gain from the person's services.
- the individual views the plan as remaining in pursuit of a living.
In family-run businesses, the question will frequently be whether the individual is supplying services in pursuit of a living or in service of the family.

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

The truth that no wages were paid does not necessarily imply that someone is a volunteer. The truth that there was some type of payment does not necessarily indicate somebody is an employee. For employment example, an honorarium might have been paid, instead of salaries.