August 4, 2004

Difference between Employees and Contractors

Question: How is an employee distinguished from an independent contractor and why is this distinction important? Answer: It is important to distinguish between an “employee” and an “independent contractor” because the majority of protective employment statutes apply to contracts of employment. Workers who are employees are also taxed at a higher scale than independent contractors…

July 29, 2004

Independent Contractors and Overtime

Question: Is an individual working as an independent contractor entitled to overtime pay if she works more than 44 hours in a week? Answer: The first issue which must be considered is whether or not the individual is actually an independent contractor as opposed to an employee. Corporations often create relationships with individuals who, for…

July 23, 2003

Notice of Termination

True independent contractors not entitled to reasonable notice of termination If an employer dismisses without just cause the employer is required to provide “reasonable notice” of termination or payment in lieu thereof. This obligation is implied into every employment relationship and cannot be waived nor can an agreed length of notice fall below minimum legislative…

March 5, 2003

Ensure Independent Contractor Not Employee

There are many advantages to employers and employees in characterizing their working relationship as one of an independent contractor. For example the employer is saved making certain income tax, Workplace Safety and Insurance Act and Canada Pension Plan contributions while the independent contractor receives the gross amount of remuneration earned and is entitled to deduct…

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