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Annual Return Filing (Part 2)
May 24, 2019
Employee or Contractor? (Part 2 Continued)
June 29, 2019

 

Working people sometimes fail to consider about who they are, employees or contractors, very often employers want to save on source deductions and demand Contractor agreements, thus inputting the risk of employment relationships “masked” under contractual.

The CRA, Labour Board, WCB may review whether someone is an employee or a contractor. They ask questions that will help them to understand the working relationship and decide if the actual working conditions are more consistent with a contract of service or with a contract for service.

In case of many indications of an incorrect labour agreement – all penalties and late interests will be charged for underpaid source deductions.

The following questions are some examples that can help to understand your correct status:

  • Who controls a worker’s activities – a worker or a payer?
  • Who provides tools and equipment – a worker or a payer?
  • Can a worker subcontract the work or hire assistants?
  • Is there any degree of financial risk a worker takes?
  • Is there any degree of responsibility for investment and management a worker holds?
  • Is there a worker’s opportunity for profit?
  • any other relevant factors, such as written contracts… (to be continued)
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