Employment/Contractor Law

[danaeris]

The job I'm interviewing for is supposedly a full-time contract, with no benefits. No mention of limited duration was made.

When I made my contract proposal here at my current job, the outgoing CEO expressed the concern that it might not be legal to have me on a contract if they were my only, or practically my only source of business. Essentially, my impression was that if it is a contract position of indefinite duration, I need to have significant income from other customers, or they would be responsible for the taxes paid on a normal salaried job (and possibly, legally responsible for giving me benefits).

Anyone know how this particular legal foo works in Canada/Ontario, or know where I could look it up?

Comments

[blackorchid1.livejournal.com]

If they are your only source of income they will need to consider you an employee, even if you're on contract. That means they pay taxes, deductions, etc. They will NOT be required to give you benefits. In this way you would qualify for EI at the end of your contract if you've gotten enough hours, and would have paid CPP, etc. You also wouldn't have to invoice them and would just get a regular T4 for your taxes.

[danaeris.livejournal.com]

Thanks!

[secretsoflife.livejournal.com]

your freelance work should be ample "other work" such that you don't need to be an employee too them.