此公司还没有可用的工作
0 评价
给这家公司评分 (暂无评论)
关于我们
5:00 P.m. in Business's Office
The Employment Standards Act (ESA) uses to employees.
A worker consists of an individual who:
- carries out work for a company for incomes
- supplies services to an employer for salaries
- receives training from an employer, if the ability in which the person is being trained is a skill utilized by the company's workers
- is a homeworker
- was a worker
Effective March 21, 2024, an employee includes an individual who performs work throughout a trial duration for a company, if the abilities being evaluated throughout the trial period are abilities utilized by the company's staff members or might be utilized by workers if there are no other workers. For instance, where a company of a dining establishment asks a job candidate to work a trial shift waiting tables to demonstrate their ability to carry out the job, even where no work deal has actually been made to that candidate, the individual is a worker under the ESA.
The ESA does not apply to independent professionals, volunteers or other individuals who are not covered under the ESA. A private thought about a staff member may be entitled to rights such as:
- base pay
- overtime pay
- public vacations
- trip with pay
- notice of termination or termination pay
Under the ESA, employers are not allowed to treat employees covered by the Act as if they are not staff members. If a company misclassifies a worker in this method, an employment standards officer can provide a notification of breach that leads to a penalty, a prosecution or both against the company.
Please note, employment the ESA offers minimum requirements just. Some staff members may have higher rights under an employment agreement, cumulative agreement, the common law or other legislation.
Learn more about employee rights under the ESA.
How to inform who is an employee
The relationship between a private and the service (or individual) they are working for determines whether the individual is an employee and entitled to defenses under the ESA. A person may be thought about a staff member under the ESA when a minimum of some of the following explains the relationship:
- the work the individual carries out is a vital part of
- the service decides:- what the individual is to do
- 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 numerous languages. They can give general details about who is a staff member however can not offer guidance.
If you're still not sure whether someone is a worker, please speak to a lawyer.
How to inform who is an independent professional
An independent contractor is somebody who is in service for themselves. A person may be considered an independent contractor, and not covered by the ESA, when at least a few of the following applies:
- the business can end the individual's agreement for services, but can not discipline the person
- the individual:- has the chance to earn a profit and has a risk of losing money from the work
- identifies how, when or where the work is performed
- decides whether to subcontract a few of the work
Example
Fariah works as a consumer service agent for a sales service. She should work Monday to Friday from 9:00 a.m. to 5:00 p.m. in business's office. 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 poor performance. Her work contract mentions that she is an independent contractor therefore she does not receive overtime pay, trip pay or public holiday pay.
Fariah thinks she might actually be a staff member and might be entitled to overtime pay, trip pay and public holiday pay. She files a claim with the Ministry of Labour, Immigration, Training and Skills Development.
A work requirements officer investigates her claim. The officer looks at the relationship in between Fariah and the sales service and discovers that she is a staff member
It does not matter that Fariah signed the employment agreement mentioning that she is an independent professional due to the fact that the realities show she is a staff member.
The work requirements officer orders the sales business to:
- pay Fariah the overtime pay, trip pay and public holiday pay that she was entitled to as a worker.
- orders the company to provide wage statements and keep records
Employee or independent specialist: Common mistaken beliefs
A person might be considered a staff member even if:
- the private and business concur (orally or in composing) that the individual is an independent professional. It is the relationship in between the specific and business (or individual) that matters, not the label that is given to it
- the individual:- charges the harmonized sales tax (HST).
- sends billings to business.
- uses their own car for work functions.
Volunteers
Volunteers are not staff members under the ESA. However, the truth that someone is called a "volunteer" does not figure out whether that person is a worker and entitled to the protections of the ESA.
The primary factors that identify whether somebody is a volunteer or a staff member are how much:
- business (or employment individual) gain from the person's services.
- the private views the arrangement as being in pursuit of a living.
In family-run services, employment the concern will often be whether the individual is supplying services in pursuit of a living or in service of the family.
If the person is offering services to the family, instead of services in pursuit of a living, that individual is more most likely to be a volunteer.
The truth that no wages were paid does not always suggest that somebody is a volunteer. The fact that there was some form of payment does not necessarily imply someone is a staff member. For example, an honorarium may have been paid, instead of wages.