The Employment Standards Act (ESA) uses to employees.

A worker includes a person who:

- carries out work for a company for wages
- supplies services to an employer for wages
- receives training from an employer, job if the skill in which the individual 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 performs work throughout a trial period for an employer, if the abilities being examined during the trial duration are abilities used by the company's staff members or job might be utilized by workers if there are no other workers. For instance, job where a company of a restaurant asks a job prospect to work a trial shift waiting tables to demonstrate their capability to carry out the job, even where no work deal has been made to that prospect, the person is a worker under the ESA.

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

- minimum wage
- overtime pay
- public holidays
- holiday with pay
- notification of termination or termination pay
Under the ESA, employers are not allowed to deal with employees covered by the Act as if they are not staff members. If a company misclassifies a worker in this way, a work standards officer can provide a notification of contravention that leads to a penalty, a prosecution or both versus the employer.

Please note, the ESA supplies minimum requirements only. Some staff members might have higher rights under a work agreement, cumulative arrangement, the common law or other legislation.

Discover more about worker rights under the ESA.

How to inform who is a worker

The relationship between a specific and job the company (or individual) they are working for identifies whether the person is an employee and entitled to protections under the ESA. A person might be thought about an employee under the ESA when a minimum of a few of the following describes the relationship:

- the work the private carries out is a vital part of business
- business chooses:- what the individual is to do
- how much the person will be paid
- where and job when the work is performed


If you're uncertain who is an employee under the ESA, call the Ministry of Labour, Immigration, 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 basic info about who is an employee however can not supply advice.

If you're still uncertain whether someone is an employee, please talk to a legal representative.

How to tell who is an independent professional

An independent contractor is someone who is in service for themselves. A person might be thought about an independent professional, and not covered by the ESA, when at least a few of the following applies:

- the organization can end the person's agreement for services, however can not discipline the person
- the individual:- has the opportunity to make a profit and has a threat of losing cash from the work
- determines how, when or where the work is performed
- decides whether to farm out some of the work


Example

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

Fariah believes she might actually be a worker and might be entitled to overtime pay, holiday pay and public vacation pay. She files a claim with the Ministry of Labour, Immigration, Training and Skills Development.

A work standards officer investigates her claim. The officer takes a look at the relationship between Fariah and the sales service and finds that she is a worker

It does not matter that Fariah signed the employment agreement stating that she is an independent specialist since the truths show she is an employee.

The work requirements officer orders the sales organization to:

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

A person might be considered an employee even if:

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


Volunteers

Volunteers are not employees under the ESA. However, the fact that somebody is called a "volunteer" does not figure out whether that person is a staff member and entitled to the defenses of the ESA.

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

- the service (or job person) take advantage of the person's services.
- the private views the arrangement as being in pursuit of a living.
In family-run companies, the concern will frequently be whether the individual is offering services in pursuit of a living or in service of the household.

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

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