The Employment Standards Act (ESA) uses to staff members.

A staff member includes a person who:

- performs work for a company for salaries
- supplies services to an employer for wages
- gets training from an employer, if the ability in which the person is being trained is a skill utilized by the company's employees
- is a homeworker
- was a worker
Effective March 21, 2024, a staff member consists of a person who carries out work during a trial period for a company, if the skills being during the trial duration are skills utilized by the company's employees or raovatonline.org could be utilized by staff members if there are no other employees. For example, where an employer of a dining establishment asks a job candidate to work a trial shift waiting tables to demonstrate their ability to perform the job, even where no work offer has been made to that prospect, the person is an employee under the ESA.

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

- base pay
- overtime pay
- public holidays
- trip 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 staff members. If an employer misclassifies an employee in this method, an employment standards officer can release a notification of contravention that leads to a penalty, a prosecution or both against the company.

Please note, the ESA provides minimum requirements only. Some workers might have higher rights under an employment contract, collective agreement, the typical law or other legislation.

Discover more about worker rights under the ESA.

How to inform who is a staff member

The relationship between a private and the service (or person) they are working for identifies whether the individual is an employee and library.kemu.ac.ke entitled to protections under the ESA. A person may be thought about an employee under the ESA when at least a few of the following describes the relationship:

- the work the specific performs is a vital part of the business
- the company decides:- what the individual 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 multiple languages. They can provide general info about who is an employee however can not supply guidance.

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

How to tell who is an independent professional

An independent contractor users.atw.hu is someone who stays in business for themselves. An individual might be considered an independent specialist, and not covered by the ESA, when at least some of the following uses:

- the company can end the individual's contract for services, however can not discipline the person
- the individual:- has the chance to make an earnings and has a risk of losing cash from the work
- figures out how, when or where the work is carried out
- decides whether to subcontract some 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 business's workplace. She utilizes business's telephones and wiki.eqoarevival.com 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 agreement specifies that she is an independent professional and so she does not receive overtime pay, getaway pay or public holiday pay.

Fariah thinks she might really be an employee and may be entitled to overtime pay, vacation pay and public vacation pay. She submits a claim with the Ministry of Labour, Immigration, Training and Skills Development.

An employment standards officer investigates her claim. The officer looks at the relationship between Fariah and clashofcryptos.trade the sales service and discovers that she is an employee

It does not matter that Fariah signed the employment agreement mentioning that she is an independent specialist since the facts reveal she is a worker.

The work requirements officer orders the sales service to:

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

An individual may be considered a staff member even if:

- the individual and the service agree (orally or in composing) that the person is an independent contractor. It is the relationship between the individual and business (or individual) that matters, raovatonline.org not the label that is provided 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 staff members under the ESA. However, the fact that somebody is called a "volunteer" does not identify whether that person is a staff member and entitled to the protections of the ESA.

The primary factors that figure out whether someone is a volunteer or a staff member are just how much:

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

If the individual is offering 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 earnings were paid does not always imply that somebody is a volunteer. The fact that there was some kind of payment does not necessarily imply somebody is a staff member. For example, an honorarium might have been paid, rather than earnings.