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APICS Toronto Chapter Meeting: Classification of Workers and Use of Strategic Contracts
February 22, 2018 @ 6:30 pm - 8:00 pm EST
If an individual acts like an employee, is treated like an employee, and is presented to the public as an employee, our courts, tribunals and government agencies will treat them as an employee, even if they entered into an “Independent Contractor Agreement”.
Parties often mistakenly believe that having an “ironclad contract” is sufficient. However, the courts and the Canada Revenue Agency are not bound by such an agreement. Even where the individual uses a numbered company, there is no guarantee that they will not be deemed to be an employee. If the individual has a title, an office, works full time, is provided with a corporate email address and company business cards, and is unable to work for anyone else or delegate the work to others, they are likely to be an employee. While there are many tests, the ultimate question is whether the individual is in business for themselves (a contractor), or a part of the organization (an employee).
Stuart will discuss the risks of misclassification, as well as how they can be addressed strategically.
