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


A worker consists of an individual who:


- performs work for an employer for incomes

- materials services to an employer for incomes

- receives training from a company, if the ability in which the individual is being trained is a skill used by the company's workers

- is a homeworker

- was an employee


Effective March 21, 2024, a staff member consists of an individual who carries out work throughout a trial duration for a company, if the skills being examined throughout the trial period are abilities used by the company's employees or could be utilized by staff members if there are no other staff members. For example, where an employer of a dining establishment asks a job prospect to work a trial shift waiting tables to show their ability to perform the task, 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 specific considered a staff member may be entitled to rights such as:


- minimum wage

- overtime pay

- public holidays

- vacation with pay

- notification of termination or termination pay


Under the ESA, companies are not allowed to treat staff members covered by the Act as if they are not employees. If a company misclassifies a staff member in this method, an employment requirements officer can provide a notice of contravention that leads to a charge, a prosecution or both against the employer.


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


Discover more about employee rights under the ESA.