The worker works at several different jobs over a period of several months. The company tells the worker what to do and decides if the work was done satisfactorily. The company pays the worker an hourly rate.
The company supplies the paint, brushes, ladders and other equipment. The company has the worker sign a written agreement in which the worker agrees he is an independent contractor.
works independently without much direct supervision. doesn’t have statutory deductions taken from earnings. submits invoices instead of time cards. agrees to be an independent contractor. There may be an employment relationship even if the worker does some of the following: The following factors are not, on their own, enough to show that a worker is an independent contractor. The longer a person works for another, the more closely the worker’s duties are connected to the purpose of the business, the more the person who pays the worker controls the material and tools and directs the activities, the more likely it is that the relationship is one of employer/employee. Some of these tests include how much direction and control the worker is subject to, whether the worker operates their own business and has their own clients, whether the worker has a chance of profit or a risk of loss, whether the work they are doing is integral to the business and whether there is an ongoing relationship. The courts have developed some common law tests that may be useful, but they must be considered in a manner consistent with the definitions and purposes of the Act. When deciding if a worker is an employee or an independent contractor, one of the main questions to ask is “whose business is it?” The Act is intended to protect as many workers as possible. It is also necessary to look at the purposes of the Act, which are to ensure that employees receive at least basic standards of compensation and conditions of employment, to promote fair treatment and open communication between employers and employees, to foster a productive and efficient labour force and to assist employees to meet work and family obligations. “work” means the labour or services an employee performs for an employer whether in the employee’s residence or elsewhere. (b) a person who is or was responsible, directly or indirectly, for the employment of an employee. (a) a person who has or had control or direction of an employee, or (b) a person an employer allows, directly or indirectly, to perform work normally performed by an employee. (a) a person, including a deceased person, receiving or entitled to wages for work performed for another, The Act defines these terms very broadly. 
In order to determine whether a worker is an employee or an independent contractor under the Act, it is important to consider the definitions of “employee”, “employer” and “work”. This is because the requirements of the Act are minimum requirements and any agreement that tries to waive the requirements of the Act is not valid. A person who is an independent contractor is considered to be self-employed that is, in business for him or herself.Ĭalling a person an independent contractor, even if the worker agrees, does not decide the issue.
The Act does not apply to independent contractors.
The Employment Standards Act (the Act) applies to employees, regardless of whether they are employed on a part-time, full-time, temporary or permanent basis.
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