On this page:
- Definition of an employee
- Dependent contractors
- Secondment agreement or position staffed through a staffing agency
- Public servants
Definition of an employee
It is important to know who is considered as an “employee” under the Act because the number of employees in your organization determines whether the Pay Equity Act applies to your workplace. The number of employees also sets an employer's responsibilities and employees' rights and recourse.
According to the Act, the definition of an “employee” includes:
- non-management and management employees, which generally include executives and Chief Executive Officers
- unionized and non-unionized employees
- full-time and part-time employees
- permanent, casual and temporary employees
- dependent contractors
- employees performing federally regulated activities as part of a separate unit for a provincial employer
- workers on long-term leave (e.g. sick leave, maternity leave)
If your job position is not included, remember that you still have a right to equal pay for work of equal value. Your right is protected under section 11 of the Canadian Human Rights Act. Independent contractors in both the public and the private sectors are excluded.
Dependent contractors
Under the Pay Equity Act, which aligns with the federal approach under the Canada Labour Code, a dependent contractor works for a person or organization on a contract or project, and the terms and conditions cause the worker to be economically dependent on the contracting person or organization.
Secondment agreement or position staffed through a staffing agency
If you are employed under a secondment agreement or hold a position staffed through a staffing agency, you may also be considered as an employee. For example, this could be the case if the employer effectively exercises de facto control over your employment conditions (e.g. daily control over the work performed, selection process, hiring, discipline, training, evaluation or remuneration).
This means that you are considered an employee under the Act if you work in a federally regulated private-sector workplace, and for example:
- you work as a casual
- you are an executive
- you are on long-term leave
Public servants
This also means that if you work in a federally regulated public-sector workplace, and you are appointed as a public servant under the Public Service Employment Act or other applicable Acts regulating appointments in the federal public service — you are considered an employee under the Pay Equity Act.