The Employment Standards Act (ESA) uses to workers.

A staff member includes an individual who:

- performs work for a company for earnings
- supplies 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 workers
- is a homeworker
- was a staff member
Effective March 21, 2024, a staff member includes a person who carries out work during a trial period for a company, if the skills being assessed during the trial duration are skills utilized by the company's staff members or could be used by staff members 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 capability to carry out the job, even where no employment offer has been made to that candidate, the person is a staff member under the ESA.

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

- base pay
- overtime pay
- public vacations
- trip with pay
- notification of termination or termination pay
Under the ESA, employers are not allowed to deal with staff members covered by the Act as if they are not employees. If a company misclassifies a staff member in this method, a work standards officer can provide a notification of contravention that results in a penalty, a prosecution or both versus the company.

Please note, the ESA supplies minimum standards just. Some workers may have greater rights under a work agreement, collective agreement, the typical law or other legislation.

Discover more about worker rights under the ESA.

How to tell who is a staff member

The relationship in between a private and the company (or person) they are working for determines whether the individual is a worker and entitled to protections under the ESA. A person may be considered a worker under the ESA when a minimum of some of the following explains the relationship:

- the work the specific performs is a vital part of the service
- business decides:- 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 uncertain who is a worker 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 offer basic info about who is an employee however can not supply guidance.

If you're still uncertain whether somebody is a staff member, please talk to an attorney.

How to tell who is an independent professional

An independent contractor tuttocamere.it is someone who stays in business on their own. An individual might be thought about an independent specialist, and not covered by the ESA, when at least a few of the following uses:

- the organization can end the individual's contract for services, but can not discipline the
- the person:- has the opportunity to make a profit and has a risk of losing cash from the work
- identifies how, when or where the work is performed
- chooses whether to farm out some of the work


Example

Fariah works as a client service agent for a sales service. She needs to work Monday to Friday from 9:00 a.m. to 5:00 p.m. in the service's office. She uses business's telephones and computers. 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 performance. Her work agreement mentions that she is an independent professional therefore she does not get overtime pay, [users.atw.hu](http://users.atw.hu/samp-info-forum/index.php?PHPSESSID=59729effd7e4559822a219f66d9b0a2e&action=profile