
As classified by the ESA (Employment
Standards Act) an intern is “an
individual who performs work under a program approved by a college of applied
arts and technology or a university.”
A person who falls under that
classification is excluded from being designated as an employee and therefore
doesn’t have to conform to the ESA requirements for that type of worker.
However, there are some possible complications. The ESA defines an employee as
one or more of the following:
a)
a person…who performs work for
an employer for wages,
b)
a person who supplies services
to an employer for wages,
c)
a person who
receives training from a person who is an employer, as set out in subsection (2) For the purposes of clause (c) of the definition of “employee” in
subsection (1), an individual receiving training from a person who
is an employer is an employee of that person if the skill in which the
individual is being trained is a skill used by the person’s employees,
unless
all of the following
conditions are met:
a.
The training is similar to that
which is given in a vocational school.
b.
The training is for the benefit
of the individual.
c.
The person providing the
training derives little, if any, benefit from the activity of
the individual while he or she is being trained.
d.
The individual does not
displace employees of the person providing the training.
e.
The individual is not accorded
a right to become an employee of the person providing the
training.
f.
The individual is advised that
he or she will receive no remuneration for the time that he or she
spends in training.”
Obviously, that is a lot to sort through. The best course of action is to contact the Ministry of Labour before hiring an intern to make sure you’ll be in compliance. You might also look into programs where the government will provide funds to your business if you hire a post-secondary student for a 12 week internship.
Strictly speaking, you’ll need to pay for 25% of this person’s salary but the government will step in and fund the rest. This applies only to companies with fewer than 500 employees who have been in business for a year or longer and it is only for improving a company’s e-commerce website.
It could be the perfect way to get a fresh approach for your business!
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